Thank you for choosing to use our services.

The Uptown Network Service

We agree to provide you with the Uptown Network Service. The Service includes all of the Uptown Network products, features, applications, services, technologies, and software that we provide to advance Uptown Network's mission. The Service is made up of the following aspects (the Service):

• People and restaurants are different. We want to strengthen your relationships through shared experiences you actually care about. So, we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Uptown Network, based on things you and others do on and off the Uptown Network.
• Fostering a positive, inclusive, and safe environment.
• We develop and use tools and offer resources to our network members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have, including your information, to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement.
• Developing and using technologies that help us consistently serve our growing network.
• Organizing and analyzing information for our growing network is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global network. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
• Providing consistent and seamless experiences across other Uptown Network Products.
• This product is part of Uptown Network, which shares technology, systems, insights, and information-including the information we have about you in order to provide services that are better, safer, and more secure. We also provide ways to interact across Uptown Network Products that you use, and designed systems to achieve a seamless and consistent experience across the Uptown Network.
• Ensuring a stable global infrastructure for our Service.
• To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence.
• Connecting you with brands, products, and services in ways you care about.
• We use data from Uptown Network, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Uptown Network.
• Research and innovation.
• We use the information we have to study our Service and collaborate with others on research to make our Services better and contribute to the well-being of our network.

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Uptown Network internet sites, applications and online services (the “Service”) operated by Uptown Network (collectively, “Uptown Network,” “us,” “we,” or “our”). Please read these Terms of Service carefully before using our Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

These Terms of Service are subject to change by Uptown Network at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms each time you use this website.

Privacy and Communications


You acknowledge and agree that Uptown Network may occasionally send you communications regarding your account or the Service via email or any communication media. To keep your contact information up to date is under your responsibility. Otherwise, it will be deemed to have delivered the notifications made to the existing e-mail address. The communication purpose may be marketing, advertising, promoting or legal notifications.

See the Privacy Policy, which is incorporated into this Agreement by reference.

Ability to Accept Terms of Service


You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

The Site is not available to minors. If you are a minor, please do not use the Site.

Use and Conduct

• You can’t impersonate others or provide inaccurate information.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t do anything to interfere with or impair the intended operation of the Service.
• You can’t attempt to create accounts or access or collect information in unauthorized ways.
• This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
• You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
• If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content.
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.

• We do not claim ownership of your content, but you grant us a license to use it.
• Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, dispute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
• Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
• You give us permission to show your username, restaurant name, location, hours of operation, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads.

Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the Service if we believe that it violates these Terms of Use or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our network services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us.
• Content you delete may persist. All terms will still apply even after your account is terminated or deleted.

Purchases


If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier whichever is applicable. Gift Cards must be obtained through Uptown Network or an authorized third party, and you are responsible for safeguarding your Uptown Network Gift Card from unauthorized use. We are not responsible if any gift card is lost stolen or destroyed or if your Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by gift card. Uptown Network is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.

Availability, Errors and Inaccuracies


We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

To the maximum extent permitted by applicable law, the Uptown Network software and services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Uptown Network and Uptown Network’s licensors (collectively referred to as “Uptown Network”) hereby disclaim all warranties and conditions with respect to the Uptown Network software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

No oral or written information or advice given by Uptown Network or an Uptown Network authorized representative shall create a warranty. Should the Uptown Network software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of liability. To the extent not prohibited by applicable law, in no event shall Uptown Network be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Uptown Network software and services or any third party software or applications in conjunction with the Uptown Network Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Uptown Network has been advised of the possibility of such damages, some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Uptown Network’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Subscriptions


Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Uptown Network cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Uptown Network customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Uptown Network with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Uptown Network to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Uptown Network will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial


Uptown Network may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Uptown Network until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Uptown Network reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes


Uptown Network, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Uptown Network will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Chargeback / Refund Policy


Uptown Network will not, except when required by law, issue cash refunds for early contract cancellation.

If you have a question about charges made to your account, please contact us. If the charges were made in error, we will credit your account or credit card account for the appropriate amount.

Any customer who disputes a credit card payment that is found to be valid will be banned from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Content


Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service for marketing or promotional purposes. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by Uptown Network will not be backed-up for any reason and will be immediately deleted from our servers.

Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property


The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Uptown Network and its licensors. The Service is protected by copyright, trademark, and other laws. Except as expressly authorized by Uptown Network, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Uptown Network. For information on requesting such permission, please contact us as specified in the “How to Contact Us” section of these Terms of Service.

Our Logo


We display our logo within all Applications and Service in order to identify our brand. You may not modify or delete our logo or request us to do so.

Links To Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Uptown Network.

Uptown Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Uptown Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination


We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease and you will lose all data related to your account. If you wish to terminate your account, you may simply discontinue using the Service.

Downloading, Installing and Using the Uptown Network Applications from the Apple Inc. App Store

You acknowledge that these Terms are a binding and legal contract between you and Uptown Network only, and not with Apple and that Uptown Network, not Apple, is solely responsible for the Uptown Network Applications and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Uptown Network Applications.

In the event of any failure of the Uptown Network Applications to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Uptown Applications to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Uptown Network Applications.

You acknowledge that Uptown Network, not Apple, is responsible for addressing any of your claims, or claims of any third party, relating to the Uptown Network Applications or your possession and/ or use of the Uptown Network Applications, including, but no limited to: (i) product liability claims; (ii) any claim that Uptown Network Applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Uptown Network Applications or your possession and use of the Uptown Network Applications or your possession and use of the Uptown Network Applications infringe that third party’s intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by any U. S. Government list of prohibited or restricted parties Uptown Network Applications.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right ( and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Limitation Of Liability


In no event shall Uptown Network, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Uptown Network has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Uptown Network’s liability in such jurisdictions shall be limited to the extent permitted by law.

Disclaimer


Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Uptown Network, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Class Waiver

You agree to litigate or arbitrate solely on an individual basis, and that these Terms do not permit class action or class arbitration, or any claims brought as a plaintiff or class member in any class or representative litigation or arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

Governing Law


These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You hereby consent to binding arbitration in the State of Florida to resolve any disputes arising under these Terms of Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

How To Contact Us

If you have any questions about these Terms of Service, or if you would like us to update information that we have about you or your preferences, please contact us by e-mailing at info@uptownnetwork.com or by phone at 855-577-7555. You may also write to us at:

Uptown Network
6634 Willow Park Drive, Ste 200
Naples, FL 34109

Revised: December 12, 2019