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Terms of Use & Privacy Policy

UOUT TERMS OF USE & PRIVACY POLICY

Last Updated: November 25, 2019

U OUT, INC. TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY U OUT, INC. (“UOUT,” “UOut”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE UOUT.CO WEBSITE AT HTTPS://UOUT.CO, UOut THE MOBILE APPLICATION (THE “APP”), AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY UOut (COLLECTIVELY WITH THE SITE AND THE APP, THE “SERVICES”).

Acceptance of Terms

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site(s), where applicable, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate UOut’s Privacy Policy and all other operating rules, intellectual property guidelines, policies and procedures that may be published from time to time on the Site(s) by UOut, each of which is incorporated by reference and each of which may be updated by UOut from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by UOut from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services on the Site(s), individual users of the Services, venues that access the Services, and users that have a page on the Services.

Access

Subject to these Terms of Use, UOut may offer to provide the Services, as described more fully on our Sites, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but shall not be limited to, any services UOut performs for you, any applications or widgets offered by UOut that you  download from our Site(s) or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by UOut, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility

You may need to register for an account or use your credentials (e.g. username and password) from a third party social media platform to access some or all of our Services. If you register for an account with UOut, you shall provide UOut with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your UOut account. We recommend, but do not require, that you use your own name as your user name (“User Name”) so your friends can recognize you more easily.

You agree that you will not:

  • create an account for anyone other than yourself without such person’s permission;
  • create a username that is the name of another person with the intent to impersonate that person;
  • create a user name or UOut account that is subject to any rights of a person other than you without appropriate authorization; or
  • create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

UOut reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your UOut password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify UOut in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You must be at least 13 years of age to access of use the Services. If you are under 18 years of age (or the age of legal majority where you reside), you may only access or use the Services under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use. The Service is not available to individuals who are younger than 13 years old. UOut may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Privacy

By using the Services, you consent to UOut’s collection, use, and disclosure of information about you and your device. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you and your mobile device. Please review our data collection practices carefully before using our Services.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. UOut cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise you make accessible to UOut on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”

UOut Content

The Services contain Content specifically provided by UOut or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Subject to these Terms of Use, UOut grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the App available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third-party right.

User Submissions

We may use your User Submissions in a number of ways in connection with our Sites, mobile app, Services and UOut’s business as UOut may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on our Sites or otherwise through the Services, you hereby grant UOut a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions and any content that your submit to UOut for business purposes (e.g. promoting the Sweepstakes in which you participated) in connection with our Sites, Services and UOut’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of our Sites and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through our Sites and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of our Sites, Services and Third Party Media. For clarity, the foregoing license grant to UOut does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with UOut.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through our Sites is the sole responsibility of the person from which such Content originated; that UOut will not be liable for any errors or omissions in any Content; and that UOut cannot guarantee the identity of any other users with whom you may interact in the course of using our Services.

When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.

Rules and Conduct

As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by UOut in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • involves commercial activities (whether or not for profit) and/or sales without UOut’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of UOut or any third party;
  • impersonates any person or entity, including any employee or representative of UOut;
  • includes anyone’s identification documents or sensitive information; or
  • breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

Out has a zero-tolerance policy against child pornography and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by UOut in its sole discretion) an unreasonable or disproportionately large load on UOut’s (or its third party providers’) infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures UOut may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • run any form of auto-responder or “spam” on the Service;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
  • harvest or scrape any Content from the Service;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by UOut;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
  • otherwise take any action in violation of UOut’s guidelines and policies.

UOut does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. UOut has no obligation to monitor the Sites, Services, Content, or User Submissions. However, UOut reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if UOut is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. UOut also reserves the right to access, read, preserve, and disclose any information as UOut reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of UOut, its users and the public.

Special Terms for Pages

If you have a “Page” on the Service, you also agree to the following:

  • Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
  • You may only administer a Page if you are an authorized representative of the subject of the Page.
  • All Content posted on the Pages will be made available to all users of the Services.
  • You may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page you administer.
  • Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
  • You will not direct your Page, or any Content on your Page, to children under the age of 13. 
  • If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with UOut’s Privacy Policy.
  • You will not use deceptive practices to get users to “like” your Page.
  • You are responsible for ensuring that your Page, including any Content you post on your Page, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

Advertisements and Promotions

Some of our Apps may run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. UOut is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-UOut advertisers or third party information on the Services.

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under UOut’s control, and you acknowledge that UOut is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by UOut or any association with its operators. You further acknowledge and agree that UOut 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination

UOut may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

UOut has no special relationship with or fiduciary duty to you. You acknowledge that UOut has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release UOut from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. UOut makes no representations concerning any Content contained in or accessed through the Services, and UOut will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users of the Sites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

UOUT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless UOut, its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, our Sites, Services andContent or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. UOut reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with UOut in asserting any available defenses

Limitation of Liability

ALL LIABILITY OF UOUT, ITS SUBSIDIARIES AND AFFILIATES, EACH OF IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OUR SITES, SERVICES, CONTENT OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT THAT IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF UOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UOUT, ITS SUBSIDIARIES AND AFFILIATES, NOR IT AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT UOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO OUR SITES, SERVICES, CONTENT OR USER SUBMISSIONS:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, UOUT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA), NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

  • DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE); 
  • FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
  • ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and UOut agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

For users not located in the EEA, the following arbitration and governing law provisions shall apply:

  • These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to the exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Commonwealth of Massachusetts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Massachusetts (excluding choice of law).

Solely in respect of users located in the EEA, the following governing law provisions shall apply:

  • These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Government Use

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

Apple Terms of Service

You acknowledge and agree that these Terms are a binding agreement between you and UOut, and which UOut is required to pass onto you by Apple: (a) these Terms are between you and UOut only, and not with Apple, and UOut is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) UOut, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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).

Integration and Severability

These Terms of Use are the entire agreement between you and UOut with respect to the Service and use of the Site, Service, Content or User Submissions, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and UOut with respect to our Sites. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, UOut must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use

UOut reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. UOut may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Cancellation of these Terms of Use

In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via our Sites, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User Submissions, and/or provision or access of Content via the Sites by such users.

Miscellaneous

UOut shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond UOut’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with UOut’s prior written consent. UOut may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Solely in respect of users located in the EEA, in respect of these Terms of Use and your use of our Sites, Services, Content or User Submissions, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Language

Where UOut has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with UOut.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Contact

You may contact UOut at the following address: 385 Main Street, Wakefield, MA 01880

Last Updated: November 25, 2019

U Out, Inc. Privacy Policy

UOut and this updated Privacy Policy covers U Out, Inc.

UOut knows that you take your privacy seriously. We do, too. We intend to be transparent with you about our data practices and to give you control over the information we collect about you (your “Data”), some of which may identify you or from which you may be identified (“PII”).

UOut offers the following services:

Consumer Services, which include our website (UOUT.CO, the “Site”), our UOut mobile applications (the “UOut App”), our features (i.e. attributes that UOut makes available, such as the ability for users to save events), content (e.g. events, event photos, user activity notifications that UOut employees, users and venues may provide and widgets (i.e. applications that allow users to access the App) (collectively, the UOut App, (Apps, combined with the Sites, collectively, the “Consumer Services”).

This Privacy Policy is divided into four parts:

Part I applies to Data about users of our Consumer Services (“UOut Users”).

Part II applies to all Data that we may collect and further process in the circumstances described in Part I.

Part I – UOut Users

Below are the types of Data we collect about UOut Users and the ways in which we may collect, use and share that Data.

What Data Does UOut Collect

Data You Provide To Us:

We receive and store Data that you provide to us when you create an account and use our Consumer Services. When you create an account, we collect your full name, email address, phone number, college (optional), graduation year(optional), city in which you created your account, and where applicable, your Facebook or Google or other social media username and other Data if you create an account using your third party log-in credentials (please see “Data Received From Third Parties” below). As you interact with us and use our Consumer Services, we also collect other Data that you directly provide to us, which on the Sites and UOut Apps may include pictures that you choose to upload to your account, any messages that you send to other users of the Apps, any restaurant or other venue searches you make, your likes, who you follow, check-ins, comments or tips you make, whether you have created or edited venues, survey responses, demographic information, and in both cases, any other Data that you voluntarily provide to us.

Data Collected When You Use Our Consumer Services:

If you opt-in to sharing your location with us, we automatically receive Data about your location and/or IP address whenever you interact with, or use, the Consumer Services (e.g. open the App, visit our Sites, etc.). If you opt-in to have background location turned on in our Apps, we will collect Data about you even when you are not using the Apps and the Apps are closed (as permitted by your device settings).

We use various technologies to determine your precise location, such as the location services of your operating system or browser, sensor data from your device (e.g. APIs from third party applications, magnetometer, barometer, gyroscopes, accelerometers, compasses, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other Data that may help us to understand your precise location.

We also collect additional Data about you when you use the Consumer Services. For example, we receive Data:

  • relating to how you interact with the Consumer Services, such as your search terms, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or posts you make to the Consumer Services;
  • relating to your device, such as your hardware model, operating system and version, unique ID and device identifiers, sensor activity, browser type, language, and wireless network, mobile device name, mobile apps installed; and
  • collected by cookies and other technologies, such as cookie ID, advertising ID or other unique advertising ID, web beacons, local storage and pixels. You can control certain types of cookies through your browser settings or other tools. You may turn off location services at any time by going to your device settings and toggling off background location. For more information about location, please see “Determining and Sharing Location” below.

Data Received From Third Parties

We may receive Data about you from third parties, including Enterprise Customers (e.g. customers of our Media Products) and/or third parties with services that interact with the Consumer Services or that provide services to us, such as unaffiliated apps and websites (e.g., websites and applications offered by third party developers that integrate with our API, referral partners, advertising exchanges, ad platforms, ad networks or from our partners), and from other business partners, including third parties from whom we license data. This Data includes Data about your activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers (e.g. Apple IDFA or Google Advertising ID), as well as cookie information, pixel or other similar technology. If you created your account using your Google or Facebook account profile, we may receive certain information from these companies, such as your first name, last name, gender, birthday, email address, public profile, education, places you have lived, check-ins, events, current city, hometown and your unique ID assigned from these social media platforms. All data collection is in accordance with the authorization procedures granted by the applicable social media platform.

How Is My Data Used?

Below are the ways that we use Data about UOut Users.

To Operate, Maintain And Improve The Consumer Services

We use your Data to operate and maintain the Consumer Services, and to understand you better and tailor the Consumer Services to you. If you download more than one App, we combine your Data provided in each App. If you use the Consumer Services when you are not logged into your UOut account, when you subsequently log into your UOut account, we combine Data collected while you were not logged in with your UOut account.

We also use your Data for research and development, to improve the Consumer Services, or to offer new products, features and tools, and to infer certain details about you, including demographic information and whether separate devices are owned by you or by members of your household, but only to the extent that this is in compliance with applicable law. For example, we may redesign the Apps to make it easier for you to search for events and offers from establishments and venues in UOut.We also use your Data to customize our Apps and Sites to provide you with your own personalized experience. We do this by inferring your interests and preferences, looking at your search history, or in the UOut Apps, by allowing you to find and add friends who are also using the UOut Apps and Sites from your device’s contact list or, if applicable, your Facebook or Google account, if you have opted to connect these accounts to your UOut account. In these situations, we do not store your contact lists.

We also use your Data to help us map Locations (as defined below). For example, we may use device signals to determine that a particular device is within a particular venue. Additionally, if you consent to sharing crash data (when the Apps crash) with us, we may use that data to help us analyze the cause of the crash.

Communicate With You

We use your Data to communicate with you, including by email, text (only if you opt-in), or in our Apps, about new product offerings, updates to the Consumer Services, or anything else we think may be of interest to you. To opt out of receiving UOut marketing and promotional communications, please email feedback@UOUT.co and follow the instructions.

When you opt out of marketing and promotional communications from UOut, please note that we may still send you non-promotional communications, such as those about your account or any ongoing business relations.

Contests and Rewards

We may use your Data and completed surveys to enable you to earn points. You may redeem your earned points for rewards or sweepstake entries. If you elect to enter a sweepstakes, we will use your email address and name associated with your account to run the sweepstake and fulfill the prize to you.

Protection Of Our Rights

We may use your Data to protect the rights, property or safety of UOut, the Consumer Services, our users and employees, or any third party. For example, we may use your Data if we need to enforce or apply our Terms of Use or Policies.

Enterprise Services

We use your Data in our Enterprise Services and in other services that we may provide to businesses. For example, we may identify where you shop and the places you visit to help our partners measure the success of a media campaign, to categorize your mobile advertising identifier in an interest-based segment based on where you shop or visit, or when partners use our SDK, we may receive certain Partner End User Data back (e.g., wifi end points, Visit Data, and other Data), including Data about UOut Users, if the Partner End-Users are also users of our Consumer Services. We may use this Data for our business purposes or to improve the Enterprise Services. As always, you can always opt-out of this type of sharing by disabling your background location services for the Apps.

Where GDPR applies to the processing of your PII, we rely on several legal bases. These include:

  • When the processing is necessary to perform our contract with you, such as our Terms of Service. This may include providing you with our Consumer Services or tailoring the Consumer Services to your preferences;
  • When the processing is necessary for our legitimate business interests (or those of our Enterprise Customers), including but not limited to, improving the Consumer Services, or understanding how users are using our Apps and Sites, providing our Enterprise Services and other services to businesses, marketing new features and other services that may be of interest to you;
  • When you have given us your consent, including as described in this Privacy Policy. You may withdraw your consent to processing at any time using the settings on your device or in your account;
  • When we have a legal obligation to do so, as described in this Privacy Policy.

When Is My Data Shared?

We do not rent or sell Data about you, unless the Data is anonymized, aggregated or pseudonymized, or you have given us consent to do so.

Data That May Be Shared With Other Users

When you use the UOut Apps and Sites, users may see some of your PII, such as your name, email address, phone number associated with your account, profile photo, hometown, college and graduation year, a list of your friends, any content or comments that you post, and which Apps you use. Your status related to a public event is shared with the UOut community. For example, if you choose “Interested,” “Going,” or “On My Way.” If for any reason you ever decide to delete your Data, your account and your Data will be permanently deleted from the UOut app. 

When you communicate on or through the UOut Apps and Sites, such as by direct messaging to your friends or checking-in to a business, an establishment, or a location (each a “Location”), such as a bar, restaurant or venue, users may see this Data, too.

Publicly available Data such as the Data available in your user public profile, tips, likes, saves, public photos, lists that you create and follow and lists of friends and/or followers may be searchable by search engines and be shared with or disclosed to third parties, including through our Enterprise Services to our partners and customers.

Data That May Be Shared With Third Party Partners And Service Providers

We sometimes use service providers, vendors and contractors to provide or perform services on our behalf. These include providers who host our data or help us provide a better service to you. In these cases, we may need to share your PII with them. Our service providers, vendors and contractors will be subject to contractual obligations to: (i) only process the PII in accordance with our prior written instructions; (ii) not use the PII for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of the PII; together with any other additional requirements we have or that are available under applicable law. These service providers, vendors and contractors are in the following categories:

  • cloud storage providers located in the United States, such as Amazon Web Services, which store your personal data that you provide to us, and for disaster recovery services;
  • IT Services providers located in the United States that provide us with SaaS services who we use to help us manage our data effectively.
  • analytics and search engine providers, such as Google, which store your personal data in the United States that assist us in the improvement and optimization of the website.

When we partner with a business, we may share Data with them but only in aggregate or in some cases, we may share an ID such as an advertising ID or a hashed identifier (“pseudonymized”). When we share Data in a pseudonymized form, a unique identifier is shared so that our partner can measure conversion as to whether an individual has seen its ad, visited its website, or went to its brick and mortar location. When such Data is shared with our partners to measure conversion, the Data is blurred so that your detailed location trail history cannot be retraced or identified. We may also share or disclose aggregated, pseudonymized, and/or anonymous Data to other third parties, including UOut Users you may follow, and developers who use our API or SDK, or our other Enterprise Customers, for analytical or other purposes.

When You Consent

Except as permitted under this Privacy Policy, we will only share your PII with your consent. For example:

  • If you consent or authorize a third party app to access your UOut account, we may share your Data with such third party app. You can revoke your consent at any time in your UOut account profile settings. At this time, there is no third party authentication in the UOut Apps.
  • We sometimes offer contests through the Consumer Services. In these cases, we partner with a third party to fulfill the prizes. If you have entered a contest, we will only share your contact information or other necessary information,

Other times

We may share your Data when we believe in good faith that such release is necessary to comply with law or a legal process, including laws outside your country of residence; to protect our rights, property, or safety of UOut, our employees, the Consumer Services and others.

We may share your Data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.

Determining and Sharing Location

Some features and functionality in our Apps may require that you provide your location. If you have your location services turned on, whenever you open and use or interact with our Apps (e.g. check in to a restaurant, or take surveys or receive other benefits) on your mobile device, we collect and use your location data from your mobile device (e.g., latitude and longitude) to tailor the Consumer Services to your current location (i.e. we’ll show you a list of nearby locations) or to invite you to participate in a survey). We will only process your location data with your express permission. If you have persistent background location data turned on by granting us permission through your device’s location settings and in your privacy settings, we will obtain your device’s location even if you are not directly interacting with the Apps. Your location data will only be shared with friends and the UOut App as permitted under this Privacy Policy.

What About Cookies and Similar Technologies?

We may use technologies like cookies, pixels, web beacons, local storage and other identifiers on our Sites, in our emails, within our Apps and sometimes in third party apps that use our API or SDK to provide you with a range of products and services. We use these technologies for a number of purposes, such as for authentication, security, preference settings, advertising and analytics. We sometimes work with advertisers or other partners, and advertising service providers to serve ads to you on the Consumer Services, or a third party website or app, that may be relevant to you based on your interaction with the Consumer Services, including places you have “checked in”.

You can control cookies through your browser settings and other tools. If you reject cookies, this could affect the availability and functionality of the Consumer Services.

How do I Access or Delete My Data?

You may access and update your Data at any time through the profile tab in the UOut App.

If you delete your Data, your profile, including your check-in history and photos will be removed from the Consumer Services, and you will no longer be able to access such Data. We will not be able to restore your account once it has been deleted. Deletion of your account may not be immediate. Residual copies of your PII or posts may remain on backup media for a short period of time thereafter.

If you wish to delete your UOut account, you can do so by deleting the App or sending an email to feedback@uout.co.

Additionally, we may store certain Data that is not PII, i.e. does not directly identify you, in our internal systems, which we may use in our Enterprise Services. We may also retain Data as required by applicable law and we will not delete any Data that is not PII, i.e., has already been anonymized.

If you have questions about accessing, updating, or deleting your Data, please email feedback@uout.co.

Can I Opt Out?

How to Opt Out of Marketing and Promotional Emails and Text Messages

  • By Email: You can opt out of marketing or promotional emails at any time by emailing us at feedback@uout.co. You may also unsubscribe from emails in the footer of any marketing or promotional email. Please note that you cannot opt out of service or legal notices.

How to Remove Background Location Sharing?

If you use our Apps and have opted-in to sharing your background location with us, you may remove your permission at any time by going into your operating device settings and toggling off background sharing.

Partner End-Users

Below are the ways in which we may collect, use and share Data about Partner End-Users.

API or Data Files

We share Data with third-party developers via our API, which may also involve those third-party developers agreeing to share Data with us (for example, when a Partner End-User tags a social post with a Location they have visited using our API) about Partner End-Users with us. In some cases, they have committed not to share Partner End-User Data with us if it comprises PII or without the Partner End-User consenting to the sharing. We may also share Data with third-party developers via flat data files, and may receive a flat data file from developers in return.

SDK Products

App developers partner with us to use our SDK, which they integrate into their own apps to help them identify when Partner End-Users are near interesting places of relevance to their service (e.g. a nearby store with respect to which they can offer a coupon), personalize content or information alerts for their locale, identify accurate venue data (such as the geo-coordinates of a restaurant or store) or to better understand their end users by identifying how often their end users have visited a specific venue or chain store (“Visit Data”). When partners use our SDK, we receive certain Partner End-User Data back (e.g. wifi end points, Visit Data, and other Data) if our Partner has contractually agreed to allow us to retain and use such Partner End-User Data. We incorporate such Partner End-User Data into our Enterprise Services, and if contractually permitted, license such Partner End-User Data to business partners. In some cases, if contractually permitted, we share IDs such as an advertising IDs or other pseudonymized data.

In addition, we may acquire data from third parties and append such information to Partner End-User Data. We will delete Partner End-User Data if requested by our partners.

In the event that a Partner End-User is also a UOut User, we combine all data about the user into a single profile.

Part II – Individuals Described In Part I.

This Part II applies to Data about individuals we collect in the circumstances described in all of Part I

Your legal rights

Subject to applicable law, you may have a number of rights regarding the processing of your PII, including:

  • the right to request access to, or copies of, your PII that we process or control, together with information regarding the nature, processing and disclosure of that PII;
  • the right to request rectification of any inaccuracies in your PII that we process or control;
  • the right to request, on legitimate grounds:
    • deletion of your PII that we process or control; or
    • restriction of processing of your PII that we process or control;
  • the right to object, on legitimate grounds, to the processing of your PII by us or on our behalf;
  • the right to have your PII that we process or control transferred to another data controller, to the extent applicable;
  • where we process your PII on the basis of your consent, the right to withdraw that consent; and
  • the right to file a complaint with a Data Protection Authority regarding the processing of your PII by us or on our behalf.
  • This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about our processing of your PII, please use the contact details provided in the Contact Us section.

To maintain our commitment of safeguarding the privacy of your PII, we will only process requests, including but not limited to, data access requests, data deletion requests, data portability requests, if we are able to verify or authenticate your identity. If we are unable to verify or authenticate your identity, we will not be able to fulfill your request. If you are not an end user of the Apps or are not an end-user of a Partner App, we cannot fulfill your request as there is no way for us, at this time, to accurately verify or authenticate your identity.

If you believe we have obtained your Data from an Enterprise Customer or another third party (e.g. publisher), and wish to exercise a right to access or export or delete that data, please contact the relevant Enterprise Customer or third party to exercise any rights you may have. We do not have control over their policies. However, if notified by an Enterprise Customer or third party to delete your Data, we will honor such requests and promptly delete Data about you that we obtained from such Enterprise Customer or third party.

California Residents

If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or Data removed from the publicly-viewable portion of this web site by logging into your account and removing your posted content or Data from the webpage where it is posted, or contacting us directly. Content or Data may not be removed from our systems or databases. In certain situations, content or Data cannot be removed.

As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your Data for such third parties’ marketing purposes and the categories of Information we may disclose. See Contact Us below.

Security

We use industry standard physical, technical, and logical security measures to protect your Data. We endeavor to safeguard your Data to ensure that it is kept secure. However, we cannot guarantee the security of Data in an account from unauthorized entry or use, hardware or software failure, and other factors.

Your account is protected by a password that you have chosen. We recommend using a password that is unique to your UOut account. If you use the Consumer Services on public or shared networks (e.g. public wifi), we cannot ensure the security of your account.

Children under 13

Neither the Consumer Services nor the Enterprise Services are directed to individuals who are under 13 years of age. We do not knowingly collect any Data from children under 13. If you notice or suspect that a user is under 13, please contact us immediately at feedback@uout.co.

PII Retention

The criteria for determining the duration for which we will keep your PII are as follows: we will retain copies of your PII only for as long as you maintain your account or as necessary in connection with the purposes set out in this Privacy Policy, unless applicable law requires a longer retention period. In addition, we may retain your PII for the duration of any period necessary to establish, exercise or defend any legal rights.

Changes to this Privacy Policy?

UOut may amend this Privacy Policy from time to time. We encourage you to regularly check this page to review any changes we might make in accordance with this Privacy Policy. If we make material changes in the way we use your Data, we will notify you by posting an announcement on our Sites or Apps, or by sending you an email (if we have your email). If permitted by law, users are bound by any changes to this Privacy Policy when they use the Consumer Services and Enterprise Services after such changes have been first posted.

Contact Us

If you have any questions or concerns regarding this Privacy Policy, please send a detailed message to: feedback@uout.co or U Out, Inc., 385 Main Street, Wakefield, MA 01880. We will make every effort to resolve your concerns.

  • by mail: U Out, Inc., 385 Main Street, Wakefield, MA 01880