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Terms of service v2

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Terms of Service Acceptance of Terms Welcome to Uperspective Pte Ltd (“Uperspective”). Uperspective provides an online venue and services that connect users providing information and advice (the “Mentors”) with users seeking information and advice (the “Seekers”) (collectively, the “Services”), which Services are accessible at www.uperspective.com and any other websites through which Uperspective makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and Uperspective. In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Application or Services. “We”, “us”, or “our” refer to Uperspective. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa. Please read carefully these Terms and our Privacy Policy, which may be found at [www.uperspective.com/terms], and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MENTORS MAY CREATE LISTINGS (AS DEFINED BELOW) IN ORDER TO OFFER INFORMATION AND ADVICE TO SEEKERS. YOU UNDERSTAND AND AGREE THAT UPERSPECTIVE IS NOT A PARTY TO ANY AGREEMENTS
Transcript
Page 1: Terms of service v2

Terms of Service

Acceptance of Terms

Welcome to Uperspective Pte Ltd (“Uperspective”). Uperspective provides an online

venue and services that connect users providing information and advice (the “Mentors”)

with users seeking information and advice (the “Seekers”) (collectively, the

“Services”), which Services are accessible at www.uperspective.com and any other

websites through which Uperspective makes the Services available (collectively,

the “Site”) and as an application for mobile devices (the “Application”). By using the

Site and Application, you agree to comply with and be legally bound by the terms and

conditions of these Terms of Service (“Terms”), whether or not you become a

registered user of the Services. These Terms govern your access to and use of the Site,

Application and Services and all Collective Content (as defined below) and constitute a

binding legal agreement between you and Uperspective.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site,

Application or Services. “We”, “us”, or “our” refer to Uperspective. In addition, in these

Terms, unless the context requires otherwise, words in one gender include all genders

and words in the singular include the plural and vice-versa.

Please read carefully these Terms and our Privacy Policy, which may be found

at [www.uperspective.com/terms], and which is incorporated by reference into these

Terms. If you do not agree to these Terms, you have no right to obtain information from

or otherwise continue using the Site or Application. Failure to use the Site and

Application in accordance with these Terms may subject you to civil and criminal

penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM

THROUGH WHICH MENTORS MAY CREATE LISTINGS (AS DEFINED BELOW) IN

ORDER TO OFFER INFORMATION AND ADVICE TO SEEKERS. YOU UNDERSTAND

AND AGREE THAT UPERSPECTIVE IS NOT A PARTY TO ANY AGREEMENTS

ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). UPERSPECTIVE

HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF

THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN

CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Definitions

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“Appointment” means a scheduled telephone call coordinated via the Services

between Members in connection with and subject to the terms of a Listing.

“Uperspective Content” means all Content that Uperspective makes available through

the Site, Application, or Services, including any Content licensed from a third party, but

excluding Member Content.

“Collective Content” means Member Content and Uperspective Content.

“Content” means text, graphics, images, music, software (excluding the Application),

audio, video, information or other materials.

“Mentor” means a Member who offers information and advice to other Members and

creates a Listing via the Site, Application or Services.

“Listing” means an offer by an Mentor to provide the Services via the Site, Application,

and Services.

“Member” means a person who completes Uperspective’s account registration process

as described under “User Account Registration” below, and includes, without limitation,

Mentors and Seekers.

“Member Content” means all Content that a Member posts, uploads, publishes,

submits or transmits to be made available through the Site, Application or Services and

includes, without limitation, Listings. “Seeker” means a Member who uses the Site,

Application or Services to access information and advice from other Members.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services

taxes (GST) and other similar municipal, provincial, state and federal indirect or other

withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of

the Services or Collective Content) may have different terms and conditions posted or

may require you to agree with and accept additional terms and conditions. If there is a

conflict between these Terms and terms and conditions posted for a specific area of the

Site, Application, Services, or Collective Content, the latter terms and conditions will take

precedence with respect to your use of or access to that area of the Site, Application,

Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE,

APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT

FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES,

YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND

Page 3: Terms of service v2

AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE

REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO

THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE,

APPLICATION, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to

these Terms on behalf of a company or other legal entity, you represent and warrant that

you have the authority to bind that company or other legal entity to these Terms and, in

such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Uperspective reserves the right, at its sole discretion, to modify the Site, Application or

Services or to modify these Terms, including the Service Fee (as defined below), at any

time and without prior notice. If we modify these Terms, we will post the modification on

the Site or via the Application. We will also update the “Last Updated Date” at the top of

these Terms. Modifications to these Terms shall automatically be effective upon posting;

provided, however, that material changes to the Terms will be effective as to an existing

Member thirty (30) days after notice to the Member is provided via email

from [email protected] to your email address on file with Uperspective. You

agree to keep your email address on file with Uperspective up-to-date. By continuing to

access or use the Site, Application or Services after we have posted a modification on

the Site or via the Application or have provided you with notice of a modification, you are

indicating that you agree to be bound by the modified Terms. If the modified Terms are

not acceptable to you, your only recourse is to cease using the Site, Application and

Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older.

Any access to or use of the Site, Application or Services by anyone under 18 is

expressly prohibited. By accessing or using the Site, Application or Services you

represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are

18 or older and able to form legally binding contracts.

How the Site, Application and Services Work

The Site is a platform for Members to connect and schedule Appointments in order to

exchange information with other Members. You may view Listings as an unregistered

visitor to the Site, Application and Services; however, if you wish to use the Services or

Page 4: Terms of service v2

post a Listing, you must first register to create a Uperspective Account (as defined

below).

Uperspective’s role is solely to facilitate the availability of the Site, Application and

Services and to provide services related thereto, such as Appointment scheduling, call

queuing, call cycling, payment integration and call facilitation. Uperspective does not

provide and is not responsible for Member Content or any information or advice

exchanged between Members during Appointments or otherwise. Uperspective does not

verify the credentials of any of its Members. You understand and acknowledge that

Mentors are not employees or agents of Uperspective but are independent service

providers using the Site, Application and Services to market their expertise to other

Members and the public. You acknowledge that Uperspective will not be liable for any

loss or damage caused by your reliance on information provided by Members or

information contained in Member Content.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND

SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION.

UPERSPECTIVE CANNOT AND DOES NOT CONTROL OR GUARANTEE THE

CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED

BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND

ACKNOWLEDGE THAT UPERSPECTIVE IS NOT RESPONSIBLE FOR AND

DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND

INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL

MEMBERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.

User Account Registration

Direct Registration: To access certain features of the Site and Application and to create

a Listing, you must register to create an account (“Uperspective Account”) and

become a Member. You may register directly via the Site or Application or as described

in this section.

Third Party Registration: You can also register to join by logging into your account with

certain third party social networking sites (“SNS”) (including, but not limited to,

Facebook, Twitter and LinkedIn); each such account, a “Third Party Account”, via our

Site or Application, as described below.

As part of the functionality of the Site, Application and Services, you may link your

Uperspective Account with Third Party Accounts, by either: (i) providing your Third Party

Account login information to Uperspective through the Site, Services or Application; or

(ii) allowing Uperspective to access your Third Party Account, as is permitted under the

Page 5: Terms of service v2

applicable terms and conditions that govern your use of each Third Party Account. You

represent that you are entitled to disclose your Third Party Account login information to

Uperspective and/or grant Uperspective access to your Third Party Account (including,

but not limited to, for use for the purposes described herein), without breach by you of

any of the terms and conditions that govern your use of the applicable Third Party

Account and without obligating Uperspective to pay any fees or making Uperspective

subject to any usage limitations imposed by such third party service providers.

By granting Uperspective access to any Third Party Accounts, you understand that

Uperspective will access, make available and store (if applicable) any Content that you

have provided to and stored in your Third Party Account (“SNS Content”) so that it is

available on and through the Site, Services and Application via your Uperspective

Account and Uperspective Account profile page. Unless otherwise specified in these

Terms, all SNS Content, if any, will be considered to be Member Content for all

purposes of these Terms. Depending on the Third Party Accounts you choose and

subject to the privacy settings that you have set in such Third Party Accounts, personal

information that you post to your Third Party Accounts will be available on and through

your Uperspective Account on the Site, Services and Application. Please note that if a

Third Party Account or associated service becomes unavailable, or Uperspective’s

access to such Third Party Account is terminated by the third party service provider, then

SNS Content will no longer be available on and through the Site, Services and

Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE

PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED

SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE

PROVIDERS. Uperspective makes no effort to review any SNS Content for any purpose,

including but not limited to, for accuracy, legality or non-infringement and Uperspective is

not responsible for any SNS Content.

We will create your Uperspective Account and your Uperspective Account profile page

for your use of the Site and Application based upon the personal information you provide

to us or that we obtain via an SNS as described above. You may not have more than

one (1) active Uperspective Account. You agree to provide accurate, current and

complete information during the registration process and to update such information to

keep it accurate, current and complete. Uperspective reserves the right to suspend or

terminate your Uperspective Account and your access to the Site, Application and

Services if you create more than one (1) Uperspective Account or if any information

Page 6: Terms of service v2

provided during the registration process or thereafter proves to be inaccurate, not

current or incomplete. You are responsible for safeguarding your password. You agree

that you will not disclose your password to any third party and that you will take sole

responsibility for any activities or actions under your Uperspective Account, whether or

not you have authorized such activities or actions. You will immediately notify

Uperspective of any unauthorized use of your Uperspective Account.

Listings

You (as an Mentor) may create Listings to offer your services to other Members. To this

end, you may need to provide information regarding the expertise you offer as well as

pricing and other financial terms applicable to your offering. Listings will be made

publicly available via the Site, Application and Services.

Seekers will be able to schedule an Appointment with you via the Site, Application and

Services based upon the information provided in your Listing. You understand and agree

that once a Seeker requests an Appointment, the price quoted under your Listing may

not be altered.

You acknowledge and agree that you are solely responsible for any and all Listings you

post. Accordingly, you represent and warrant that any Listing you post and the

agreements you enter into with Seekers (i) will not breach any agreements you have

entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax

requirements, and rules and regulations that may apply to you and (b) not conflict with

the rights of third parties. Please note that Uperspective assumes no responsibility for

the content of Listings or for any Member’s compliance with any applicable laws, rules

and regulations.

You understand and agree that Uperspective is not involved in the interactions between

Members and does not refer or endorse or recommend particular Mentors to Seekers.

You also understand and acknowledge that Uperspective does not edit, modify, filter,

screen, monitor, endorse or guarantee Member Content or the content of

communications between Members. As stated above, Uperspective is not party to any

agreements entered into between Members.

Uperspective reserves the right, at any time and without prior notice, to remove or

disable access to any Listing for any reason, including Listings that Uperspective, in its

sole discretion, considers to be objectionable for any reason, in violation of these Terms

or otherwise harmful to the Site, Application or Services. You acknowledge and agree

that, as an Mentor, you are responsible for your own acts and omissions.

Page 7: Terms of service v2

No Endorsement

As stated above, Uperspective does not endorse any of its Members. In addition,

although these Terms require Members to provide accurate information, we do not

attempt to confirm, and do not confirm, any Member’s purported identity or credentials.

You are responsible for determining the identity and suitability of others who you contact

via the Site, Application and Services.

By using the Site, Application or Services, you agree that any legal remedy or liability

that you seek to obtain for actions or omissions of other Members or other third parties

will be limited to a claim against the particular Members or other third parties who

caused you harm and you agree not to attempt to impose liability on, or seek any legal

remedy from Uperspective with respect to such actions or omissions.

Appointments and Financial Terms

The amount due and payable by a Seeker relating to Appointment time with you (a

Mentor) is referred to as an “Appointment Fee”. Appointment Fees are quoted in each

Listing, in U.S. dollars and in a price per minute format (the “Appointment Fee Rate”).

Please note that it is Mentors, and not Uperspective, which set all Appointment Fee

Rates.

In consideration of the Services, Uperspective charges you a fee (the “Service Fee”)

based on a percentage of Appointment Fees collected on your behalf. The current

applicable percentage is twenty percent (20%). The Service Fee is deducted from the

Appointment Fee payable to you in respect of an Appointment. At the conclusion of each

Appointment, Uperspective calculates the appropriate Appointment Fee payable by the

Seeker to you based on the duration of the Appointment and the applicable Appointment

Fee Rate. After deducting the applicable Service Fee, Uperspective remits the balance

of the Appointment Fee to you via its third party provider Worldpay or such other

payment methods as may be listed on the Site or via the Application, in U.S. dollars.

Except as otherwise provided herein, Service Fees are non-refundable.

Please note that Uperspective does not currently charge fees for the creation of Listings.

However, you acknowledge and agree that Uperspective reserves the right, in its sole

discretion, to charge you for and collect fees from you for the creation of Listings. Please

note that Uperspective will provide notice of any Listing fee collection via the Site,

Application and Services, in accordance with these Terms, prior to implementing such a

Listing fee feature.

Page 8: Terms of service v2

Appointments and Financial Terms for Seekers

You (as a Seeker), not Uperspective, are solely responsible for honoring any confirmed

Appointments. If you choose to enter into a transaction with an Mentor by scheduling an

Appointment via the Site or Application, these Terms and other terms, conditions, rules

and restrictions associated with such Appointment as set out in the Listing may apply.

You acknowledge and agree that you, and not Uperspective, will be responsible for

performing the obligations of any such agreements, and Uperspective is not a party to

such agreements and disclaims all liability arising from or related to any such

agreements.

You agree to pay Uperspective all Appointment Fees due in connection with any

Appointment. In order to initiate an Appointment, you understand and agree that

Uperspective reserves the right, in its sole discretion, to obtain a pre-authorization of

your credit card or charge your credit card a nominal amount, not to exceed one U.S.

dollar ($1), in order to verify your credit card. At the end of each Appointment,

Uperspective will process and collect the Appointment Fees payable in accordance with

these Terms and the terms of the Listing. Please note that Uperspective cannot control

any fees that may be charged to a Member by his or her bank related to Uperspective’s

collection of the Appointment Fees, and Uperspective disclaims all liability in this regard.

In connection with your payment, you will be asked to provide customary billing

information such as name, billing address and credit card information either to

Uperspective or its third party payment processor. You agree to pay Uperspective for

any consummated Appointments in accordance with these Terms, by one of the

methods described on the Site or Application – e.g. by www.worldpay.com. You hereby

authorize the collection of such amounts by charging the credit card provided as part of

requesting the Appointment, either directly by Uperspective or indirectly, via a third party

online payment processor or by one of the payment methods described on the Site or

Application. If you are directed to Uperspective’s third party payment processor, you may

be subject to terms and conditions governing use of that third party’s service and that

third party’s personal information collection practices. Please review such terms and

conditions and privacy policy before using the services. Once your transaction is

complete you will receive a confirmation email summarizing your confirmed

Appointment.

General Financial Terms

Refunds

Page 9: Terms of service v2

You (as a Seeker) may cancel an Appointment without penalty; provided, however, that

you have not already initiated the call with the Mentor via the Services. You (as an

Mentor) may cancel a scheduled Appointment without penalty at any time. If you have

been improperly charged for an Appointment that was cancelled and require a refund,

please contact Uperspective at [email protected].

Taxes

You understand and agree that you are solely responsible for determining your

applicable Tax reporting requirements in consultation with your tax advisors.

Uperspective cannot and does not offer Tax-related advice to any Members of the Site,

Application and Services.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order

of a court, including, without limitation, zoning restrictions and Tax regulations;

use manual or automated software, devices, scripts robots, other means or

processes to access, “scrape”, “crawl” or “spider” any web pages or other services

contained in the Site, Application, Services or Content;

use the Site, Application or Services for any commercial or other purposes that are

not expressly permitted by these Terms; copy, store or otherwise access any

information contained on the Site, Application, Services or Content for purposes

not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their

intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Site, Application or Services, including, without

limitation, through the use of viruses, cancel bots, Trojan horses, harmful code,

flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or

electronic mail address information or similar methods or technology;

use our Site, Application or Services to transmit, distribute, post or submit any

information concerning any other person or entity, including without limitation,

photographs of others without their permission, personal contact information or

credit, debit, calling card or account numbers;

Page 10: Terms of service v2

use our Site, Application or Services in connection with the distribution of

unsolicited commercial email ("spam") or advertisements unrelated to lodging in a

private residence;

"stalk" or harass any other user of our Site, Application, or Services or collect or

store any personally identifiable information about any other user other than for

purposes of transacting as a Uperspective Member;

register for more than one Uperspective Account or register for a Uperspective

Account on behalf of an individual other than yourself;

contact an Mentor for any purpose other than asking a question related to the

Services,

contact a Seeker for any purpose other than asking a question related to the

Services;

recruit or otherwise solicit any other Member to join third party services or websites

that are competitive to Uperspective, without Uperspective’s prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or

your affiliation with any person or entity;

use automated scripts to collect information or otherwise interact with the Site,

Application or Services;

use the Site, Application and Services to find an Mentor and then complete a

transaction independent of the Site, Application or Services in order to circumvent

the obligation to pay any fees related to Uperspective’s provision of the Services;

as an Mentor, submit any Listing with a false or misleading information, or submit

any Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that: (i)infringes,

misappropriates or violates a third party’s patent, copyright, trademark, trade

secret, moral rights or other intellectual property rights, or rights of publicity or

privacy; (ii) violates, or encourages any conduct that would violate, any applicable

law or regulation or would give rise to civil liability; (iii) is fraudulent, false,

misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or

offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm

against any individual or group; (vi) is violent or threatening or promotes violence

or actions that are threatening to any other person; or (vii) promotes illegal or

harmful activities or substances;

systematically retrieve data or other content from our Site, Application or Services

to create or compile, directly or indirectly, in single or multiple downloads, a

Page 11: Terms of service v2

collection, compilation, database, directory or the like, whether by manual

methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Site or Application, or any individual element

within the Site, Services, or Application, Uperspective’s name, any Uperspective

trademark, logo or other proprietary information, or the layout and design of any

page or form contained on a page, without Uperspective’s express written consent;

access, tamper with, or use non-public areas of the Site or Application,

Uperspective’s computer systems, or the technical delivery systems of

Uperspective’s providers;

attempt to probe, scan, or test the vulnerability of any Uperspective system or

network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent

any technological measure implemented by Uperspective or any of Uperspective’s

providers or any other third party (including another user) to protect the Site,

Services, Application or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email

or newsgroup posting, or in any way use the Site, Services, Application or

Collective Content to send altered, deceptive or false source-identifying

information;

attempt to decipher, decompile, disassemble or reverse engineer any of the

software used to provide the Site, Services, Application or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Uperspective will have the right to investigate and prosecute violations of any of the

above to the fullest extent of the law. Uperspective may involve and cooperate with law

enforcement authorities in prosecuting users who violate these Terms. You acknowledge

that Uperspective has no obligation to monitor your access to or use of the Site,

Application, Services or Collective Content or to review or edit any Member Content, but

has the right to do so for the purpose of operating the Site, Application and Services, to

ensure your compliance with these Terms, or to comply with applicable law or the order

or requirement of a court, administrative agency or other governmental body.

Uperspective reserves the right, at any time and without prior notice, to remove or

disable access to any Collective Content that Uperspective, at its sole discretion,

considers to be objectionable for any reason, in violation of these Terms or otherwise

harmful to the Site, Application or Services.

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Privacy

See Uperspective’s Privacy Policy at www.uperspective.com/terms for information and

notices concerning Uperspective’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright,

trademark, and other laws of the United States, Singapore and foreign countries. You

acknowledge and agree that the Site, Application, Services and Collective Content,

including all associated intellectual property rights is the exclusive property of

Uperspective and its licensors. You will not remove, alter or obscure any copyright,

trademark, service mark or other proprietary rights notices incorporated in or

accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, Uperspective grants you a limited non-

exclusive, non-transferable license to download and install a copy of the Application on a

single mobile device or computer that you own or control and run such copy of the

Application solely for your own personal use. Uperspective reserves all rights in the

Application not expressly granted to you by these Terms.

Uperspective Content and Member Content

License

Subject to your compliance with the terms and conditions of these Terms, Uperspective

grants you a limited, non-exclusive, non-transferable license, to (i) access and view any

Uperspective Content solely for your personal and non-commercial purposes and (ii)

access and view any Member Content to which you are permitted access, solely for your

personal and non-commercial purposes. You have no right to sublicense the license

rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute,

license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise

exploit the Site, Application, Services, or Collective Content, except as expressly

permitted in these Terms. No licenses or rights are granted to you by implication or

otherwise under any intellectual property rights owned or controlled by Uperspective or

its licensors, except for the licenses and rights expressly granted in these Terms.

Page 13: Terms of service v2

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or

transmit Member Content. By making available any Member Content on or through the

Site, Application and Services, you hereby grant to Uperspective a worldwide,

irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to

sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly

display, publicly perform, transmit, stream, broadcast, access, view, and otherwise

exploit such Member Content on, through, or by means of the Site, Application and

Services. Uperspective does not claim any ownership rights in any such Member

Content and nothing in these Terms will be deemed to restrict any rights that you may

have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that

you make available through the Site, Application and Services. Accordingly, you

represent and warrant that: (i) you either are the sole and exclusive owner of all Member

Content that you make available through the Site, Application and Services or you have

all rights, licenses, consents and releases that are necessary to grant to Uperspective

the rights in such Member Content, as contemplated under these Terms; and (ii) neither

the Member Content nor your posting, uploading, publication, submission or transmittal

of the Member Content or Uperspective’s use of the Member Content (or any portion

thereof) on, through or by means of the Site, Application and the Services will infringe,

misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral

rights or other proprietary or intellectual property rights, or rights of publicity or privacy,

or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or

resources. You acknowledge and agree that Uperspective is not responsible or liable for:

(i) the availability or accuracy of such websites or resources; or (ii) the content, products,

or services on or available from such websites or resources. Links to such websites or

resources do not imply any endorsement by Uperspective of such websites or resources

or the content, products, or services available from such websites or resources. You

acknowledge sole responsibility for and assume all risk arising from your use of any

such websites or resources or the Content, products or services on or available from

such websites or resources.

Proprietary Rights Notices

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All trademarks, service marks, logos, trade names and any other proprietary

designations of Uperspective used herein are trademarks or registered trademarks of

Uperspective. Any other trademarks, service marks, logos, trade names and any other

proprietary designations are the trademarks or registered trademarks of their respective

parties.

Copyright Policy

Uperspective respects copyright law and expects its users to do the same. It is

Uperspective’s policy to terminate in appropriate circumstances the Uperspective

Accounts of Members who infringe or are believed to be infringing the rights of copyright

holders.

Termination and Uperspective Account

Deactivation

We may, in our discretion and without liability to you, with or without cause, with or

without prior notice and at any time: (a) terminate these Terms or your access to our

Site, Application and Services, and (b) deactivate or cancel your Uperspective Account.

Upon termination we will promptly pay you any amounts we reasonably determine we

owe you in our discretion, which we are legally obligated to pay you. In the event

Uperspective terminates these Terms, or your access to our Site, Application and

Services or deactivates or cancels your Uperspective Account you will remain liable for

all amounts due hereunder. You may cancel your Uperspective Account at any time by

contacting Uperspective. Please note that if your Uperspective Account is cancelled, we

do not have an obligation to delete or return to you any Content you have posted to the

Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO

AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT UPERSPECTIVE

DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY

MEMBER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND MENTORS, BUT MAY

CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE,

APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”,

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT

LIMITING THE FOREGOING, UPERSPECTIVE EXPLICITLY DISCLAIMS ANY

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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING

OUT OF COURSE OF DEALING OR USAGE OF TRADE. UPERSPECTIVE MAKES

NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE

CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY

INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR

REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR

ERROR-FREE BASIS. UPERSPECTIVE MAKES NO WARRANTY REGARDING THE

QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE

ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF

ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR

THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM

UPERSPECTIVE OR THROUGH THE SITE, APPLICATION, SERVICES OR

COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE

HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND

INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES

AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS

A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU

UNDERSTAND THAT UPERSPECTIVE DOES NOT MAKE ANY ATTEMPT TO

VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR

SERVICES. UPERSPECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES

AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR

THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE,

APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE

PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER

USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS

WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF

THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO,

MENTORS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR

INTERACTIONS ARE ORGANIZED BY UPERSPECTIVE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED

BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE

SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR

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APPOINTMENTS VIA THE SITE, APPLICATION AND SERVICES, AND ANY

CONTACT YOU HAVE WITH OTHER USERS OF UPERSPECTIVE WHETHER IN

PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER

UPERSPECTIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,

OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT

WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR

LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR

SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR

FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL

DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM

THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR

COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR

MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR

OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT

OF YOUR USE OF THE SITE, APPLICATION, SERVICES, WHETHER BASED ON

WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY

OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPERSPECTIVE HAS

BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED

REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL

PURPOSE.

IN NO EVENT WILL UPERSPECTIVE’S AGGREGATE LIABILITY ARISING OUT OF

OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE,

APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR

LISTING OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND

SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE,

APPLICATION, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH

ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU

HAVE PAID OR OWE FOR APPOINTMENTS MADE VIA THE SITE, APPLICATION

AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO

THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100),

IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS

OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE

BASIS OF THE BARGAIN BETWEEN UPERSPECTIVE AND YOU. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION

MAY NOT APPLY TO YOU.

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Indemnification

You agree to release, indemnify, and hold Uperspective and its affiliates and

subsidiaries, and their officers, directors, employees and agents, harmless from and

against any claims, liabilities, damages, losses, and expenses, including, without

limitation, reasonable legal and accounting fees, arising out of or in any way connected

with (a) your access to or use of the Site, Application, Services, or Collective Content or

your violation of these Terms; (b) your Member Content and (c) your (i) interaction with

any Member, (ii) reliance on any information exchanged via the Site, Application or

Services, or (iii) creation of a Listing. Uperspective shall have the right to control all

defense and settlement activities.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as

authorized by United States law, Singapore law, the laws of the jurisdiction in which you

obtained the Application, and any other applicable laws. In particular, but without

limitation, the Application may not be exported or re-exported: (a) into any United States

embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of

Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s

List or Entity List. By using the Site, Application and Services, 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 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. You

also will not use the Site, Application and Services for any purpose prohibited by U.S.

law, including the development, design, manufacture or production of missiles, or

nuclear, chemical or biological weapons. Uperspective does not permit Listings

associated with certain countries due to U.S. embargo restrictions.

Feedback and Reporting Misconduct

We welcome and encourage you to provide feedback, comments and suggestions for

improvements to the Site, Application and Services (“Feedback”). You may submit

Feedback by emailing us at [email protected]. You acknowledge and agree that

all Feedback will be the sole and exclusive property of Uperspective and you hereby

irrevocably assign to Uperspective and agree to irrevocably assign to Uperspective all of

your right, title, and interest in and to all Feedback, including without limitation all

worldwide patent, copyright, trade secret, moral and other proprietary or intellectual

property rights therein. At Uperspective’s request and expense, you will execute

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documents and take such further acts as Uperspective may reasonably request to assist

Uperspective to acquire, perfect, and maintain its intellectual property rights and other

legal protections for the Feedback.

In addition, If you feel any user is acting or has acted inappropriately, including but not

limited to, anyone who (i) engages in offensive, violent or sexually inappropriate

behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you

should immediately report such person to the appropriate authorities and to

Uperspective.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without

Uperspective’s prior written consent. Any attempt by you to assign or transfer these

Terms, without such consent, will be null and of no effect. Uperspective may assign or

transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing,

these Terms will bind and inure to the benefit of the parties, their successors and

permitted assigns.

Notices

Unless otherwise specified herein, any notices or other communications permitted or

required hereunder, including those regarding modifications to these Terms, will be in

writing and given by Uperspective (i) via email (in each case to the email address that

you provide) or (ii) by posting to the Site or via the Application. For notices made by e-

mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of Singapore, without

regard to its conflict-of-law provisions. You and we agree to submit to the personal

jurisdiction of a state court located in Singapore for any actions for which the parties

retain the right to seek injunctive or other equitable relief in a court of competent

jurisdiction to prevent the actual or threatened infringement, misappropriation or violation

of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property

rights, as set forth in the Dispute Resolution provision below.

Severability

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These Terms are intended to govern the agreement between Uperspective and you to

the extent permitted by all applicable laws, ordinances, rules, and regulations. If any

provision of these Terms or the application thereof to any person or circumstances shall,

for any reason or to any extent, be invalid or unenforceable, the remainder of these

Terms and the application of such provision to other persons or circumstances shall not

be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

Dispute Resolution

You and Uperspective agree that any dispute, claim or controversy arising out of or

relating to these Terms or the breach, termination, enforcement, interpretation or validity

thereof, or to the use of the Services or use of the Site or Application (collectively,

“Disputes”) will be settled by binding arbitration , except that each party retains the right

to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent

the actual or threatened infringement, misappropriation or violation of a party’s

copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You

acknowledge and agree that you and Uperspective are each waiving the right to a trial

by jury or to participate as a plaintiff or class member in any purported class action or

representative proceeding. Further, unless both you and Uperspective otherwise agree

in writing, the arbitrator may not consolidate more than one person’s claims, and may

not otherwise preside over any form of any class or representative proceeding. If this

specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution”

section will be deemed void. Except as provided in the preceding sentence, this “Dispute

Resolution” section will survive any termination of these Terms.

Changes. Notwithstanding the provisions of the “Modification” section above, if

Uperspective amends this “Dispute Resolution” section after the date you first accepted

these Terms (or accepted any subsequent changes to these Terms) you will be notified

in accordance with these Terms. You may reject any such change by sending us written

notice (including by email to [email protected]) within 30 days of the date such

change became effective, as indicated in the “Last Updated Date” above or in the date of

Uperspective’s email to you notifying you of such change.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between

Uperspective and you regarding the Site, Application, Services, Collective Content and

any Appointments or Listings made via the Site, Application and Services, and these

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Terms supersede and replace any and all prior oral or written understandings or

agreements between Uperspective and you regarding the same.

General

The failure of Uperspective to enforce any right or provision of these Terms will not

constitute a waiver of future enforcement of that right or provision. The waiver of any

such right or provision will be effective only if in writing and signed by a duly authorized

representative of Uperspective. Except as expressly set forth in these Terms, the

exercise by either party of any of its remedies under these Terms will be without

prejudice to its other remedies under these Terms or otherwise. If for any reason an

arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid

or unenforceable, that provision will be enforced to the maximum extent permissible and

the other provisions of these Terms will remain in full force and effect.

Contacting Uperspective

If you have any questions about these Terms, please contact Uperspective at:

Mail:Uperspective Pte Ltd51 Goldhill Plaza #07-10/11Singapore 308900

Email: [email protected]

Privacy Policy

Uperspective (hereinafter collectively referred to as “Uperspective”, “we” or “us”)

takes your privacy very seriously. We provide this Privacy Policy to inform you of our

policies and procedures regarding the collection, use and disclosure of personal

information we receive from users of www.uperspective.com (the "Site") and our

application for mobile devices (the "Application"). Unless otherwise defined in this

Privacy Policy, terms used in this Privacy Policy have the same meanings as in our

Terms of Service (www.uperspective.com/terms).

Scope

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This Privacy Policy, as amended from time to time, applies only to information that you

provide to us through the Site and Application. Please note that the Site and Application

may contain links to other websites. If you click on a link to another website, this Privacy

Policy will not apply to any information collected on that website. Uperspective is not

responsible for the privacy practices, security, or content of these other websites, and

we recommend that you read the privacy policies of each website that you visit.

As used in this policy, the terms "using" and "processing" information include using

cookies on a computer, subjecting the information to statistical or other analysis and

using or handling information in any way, including, but not limited to collecting, storing,

evaluating, modifying, deleting, using, combining, disclosing and transferring information

within our organization or among our affiliates within the United States, Singapore or

internationally.

The Collection of Information

Our principal goals in collecting information are to provide and improve our Site,

Application, services, features and content, to administer your use of the Site and

Application (collectively, the "Service") and to enable users to enjoy and easily navigate

the Site and Application. The types of information that we collect include:

Information you provide to us

Personal Information: You may browse the Site and Application without providing any

personal information that may be used to identify you personally. However, when you

register for and use the Service, access certain content or features, or directly contact

the Site or Application, we may ask you to provide information, including:

your name, phone number, mobile phone number, email address and postal

address;

your username, password, and account setting preferences;

your credit card number, billing address and other billing related information.

(collectively, “Personal Information”) Information automatically collected When you

visit and interact on the Site or Application, certain information is collected automatically,

including:

Non-Identifying Information: We collect other non-identifying information you provide as

part of the registration, administration and personalization of your Uperspective Account

profile (e.g. account preferences) (“Non-Identifying Information”). We may combine

your Personal Information with Non-Identifying Information and aggregate it with

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information collected from other Uperspective Users (defined below) to attempt to

provide you with a better experience, to improve the quality and value of the Site,

Application and Service and to analyze and understand how our Site, Application and

Service are used. We may also use the combined information without aggregating it to

serve you specifically, for instance to deliver a product to you according to your

preferences or restrictions.

Log Data: When you visit the Site and Application, whether as a Member or a non-

registered user (any of these, a "Uperspective User"), our servers automatically record

information that your browser sends whenever you visit a website ("Log Data"). This

Log Data may include information such as your computer’s Internet Protocol ("IP")

address, browser type or the webpage you were visiting before you came to our Site and

Application, pages of our Site and Application that you visit, the time spent on those

pages, information you search for on our Site and Application, access times and dates,

and other statistics. We use this information to monitor and analyze use of the Site,

Application and the Service and for the Site and Application’s technical administration, to

increase our Site and Application’s functionality and user-friendliness, and to better tailor

our Site and Application to our visitors’ needs. We do not treat Log Data as Personal

Information or use it in association with other Personal Information, though we may

aggregate, analyze and evaluate such information for the same purposes as stated

above regarding other Non-Identifying Information.

Cookies: Like many websites, we use "cookies" to collect information. A cookie is a

small data file that we transfer to your computer’s hard disk for record-keeping purposes.

We use cookies for two purposes. First, we utilize persistent cookies to save your login

information for future logins to the Site and Application. Second, we utilize session

cookies to enable certain features of the Site and Application, to better understand how

you interact with the Site and Application and to monitor aggregate usage by

Uperspective Users and web traffic routing on the Site and Application. Unlike persistent

cookies, session cookies are deleted from your computer when you log off from the Site

or Application and then close your browser. You can instruct your browser, by changing

its options, to stop accepting cookies or to prompt you before accepting a cookie from

the websites you visit. If you do not accept cookies, however, you may not be able to

use all portions of the Site or Application or all functionality of the Service.

Web Beacons: Our Site and Application may contain electronic images known as Web

beacons (sometimes called single-pixel gifs) and are used along with cookies to compile

aggregated statistics to analyze how our Site and Application are used and may be used

in some of our emails to let us know which emails and links have been opened by

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recipients. This allows us to gauge the effectiveness of our Member communications

and marketing campaigns.

(c) Information collected from other sources

We may access information about you from third-party sources and platforms. You can

register to use the Service by logging into online accounts you may have with third party

service providers ("TPSP")(e.g. Facebook, Twitter or LinkedIn); each such account,

a "Third Party Account", via our Site or Application as described below. As part of the

functionality of the Site, Service and Application, you may link your Uperspective

Account with Third Party Accounts, by either: (i) providing your Third Party Account login

information to Uperspective through the Site, Service or Application; or (ii) allowing

Uperspective to access your Third Party Account, as is permitted under the applicable

terms and conditions that govern your use of each Third Party Account. You represent

that you are entitled to disclose your Third Party Account login information to

Uperspective and/or grant Uperspective access to your Third Party Account for use for

the purposes described herein without breach by you of any of the terms and conditions

that govern your use of the applicable Third Party Account and without obligating

Uperspective to pay any fees or making Uperspective subject to any usage limitations

imposed by the applicable TPSP.

If you register by logging into a Third Party Account via our Site or Application, we will

obtain the Personal Information you have provided to the applicable TPSP (such as your

true name, email address, profile picture, names of TPSP friends, names of TPSP

groups to which you belong, other information you make publicly available via the

applicable TPSP and/or other information you authorize Uperspective to access by

authorizing the TPSP to provide such information) from your Third Party Accounts and

use that information to create your Uperspective Account and Uperspective Account

profile page. Depending on the Third Party Accounts you choose and subject to the

privacy settings that you have set in such Third Party Accounts, you understand that by

granting us access to the Third Party Accounts, we will access, make available and store

(if applicable and as permitted by the TPSP and authorized by you) the information in

your Third Party Accounts so that it is available on and through your Uperspective

Account on the Site, Service and Application. If there is information about your "friends"

or people with whom you are associated in your Third Party Account, the information we

obtain about those "friends" or people with whom you are associated, may also depend

on the privacy settings such people have with the applicable TPSP.

Use of Your Information

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We do not use Personal Information for purposes other than those disclosed to you in

this Privacy Policy and/or at the time it was collected, except with your consent or as

required by law. We collect information for one or more of the following purposes:

Email Communications: We may use the information that we collect to send you email

communications or information about your account or changes to the Site, Application or

Service (including changes to the Terms of Service and this Privacy Policy).

Mobile Communications: With your consent, we may use your mobile phone number to

send you information, notifications and updates regarding the Site, Application or

Service.

Profile Information: We use the information we collect at registration to create your

Uperspective Account and Uperspective Account profile page. Your Uperspective

Account profile page will include, among other things, your first and last name, your

profile picture and your location. You can select the other items of Personal Information

that you wish to be included in your Uperspective Account profile page – including, but

not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP

friends or connections who are also Members of Uperspective, connections you have

established between your Uperspective Account and any TPSPs, and a biography and

links to your Listings, if applicable (together, your "Profile Information"). We will display

your Profile Information in your Uperspective Account profile page publicly via the Site

and Application, and, with your prior permission, on third party sites. Any information you

choose to provide as part of your Profile Information will be publicly visible to all

Uperspective Users and consequently should reflect how much you want other

Uperspective Users to know about you. We recommend that you guard your anonymity

and sensitive information and we encourage Members to exercise caution regarding the

information disclosed in their Uperspective Account profile page. You can review and

edit your Profile Information at any time.

Listings: If you create a Listing, we may publish, use, share or otherwise disclose the

Content of that Listing publicly via the Site and Application and may enable third parties

to publish the Listing on their websites.

Uperspective Marketing: We may also use your Personal Information to contact you with

Uperspective newsletters, marketing or promotional materials and other information that

may be of interest to you. You may opt out of these marketing related notifications at any

time by accessing the “Manage Notifications” section of your Uperspective Account.

Please note that we may also use your Personal Information to contact you with

information related to your use of the Service; you may not opt out of these notifications.

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Request Fulfillment: We may use the information that we collect to fulfill your requests

for products, services and information. For example, we may use your information to

respond to your customer service requests.

Data Analysis: In order to learn more about how our Site, Application and Service are

used, we aggregate and analyze the data we collect. We may use the information, for

example, to monitor and analyze use of the Site, Application and Service, to improve the

functionality of same and to better tailor our content and design to suit our visitors’

needs.

Testimonials: Uperspective posts testimonials on the Site and Application. With your

consent, we may post your testimonial on the Site and Application along with your name.

To have your testimonial removed, please contact us at [email protected].

Information Sharing and Disclosure

We do not share or disclose Personal Information for purposes other than those

disclosed to you in this Privacy Policy and/or at the time it was collected, except with

your consent or as required by law. We will make information about you available to

other companies, applications, or people in the circumstances listed below:

Analysis: We may share aggregated information that does not include Personal

Information and we may otherwise disclose Non-Identifying Information and Log Data

with third parties for industry analysis, demographic profiling, payment processing,

customer service and other purposes. Any aggregated information shared in these

contexts will not contain your Personal Information.

Service Delivery: We may employ third party companies and individuals to perform Site-

related services, including maintenance services, database management, web analytics,

data processing and email and text message distribution. These third parties have

access to your information only to perform these tasks on our behalf.

Corporate Transaction: We may share information about you in the event that the Site is

acquired by or merged with another company or a similar corporate transaction takes

place. However, we will notify you by placing a prominent notice on the Site or sending a

notice to the primary email address specified in your account before your information is

transferred and becomes subject to a different privacy policy.

Investigations: We may share information about you to investigate, prevent, or take

action regarding illegal activities, suspected fraud, situations involving potential threats to

the physical safety or other rights and interests of any person, violations of

Uperspective’s Terms of Service, or as otherwise required by law.

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Compliance with Laws: We may share information about you to respond to subpoenas,

search warrants, judicial proceedings, court orders, legal process, or other law

enforcement measures, to establish or exercise our legal rights, or to defend against

legal claims.

Third Party Services

To customize your experience on the Site and Application and to simplify our registration

process, we provide you with the opportunity to access or interact with TPSPs, such as

Facebook, Twitter and LinkedIn. When you connect to the Site or Application through

these TPSPs, we may share information about you with these third-party service

providers and they may share data about you with us.

When you allow us to access your data through a third-party service to create a Site

account, we may use this data for several purposes, including:

Creating relationships automatically within our system. For example, if you connect to us

via a service with a public friend list, like Twitter, we may check to see if any people you

follow on Twitter are also Site members. If web find a match, we will replicate your

Twitter relationship with those members, setting them to be fans, followers, or friends on

our Site.

Populating a list of potential friends to whom you can send service-specific messages.

For example, we may use friend lists from a TPSP to create a list of contacts to whom

you may choose to share your Uperspective Account profile page.

To enhance and personalize your experience on the Site. When you are connected via a

TPSP, we may access certain account information, such as your profile picture, in order

to enhance and personalize your experience on the Site.

Please remember that we do not control the privacy practices of these third-party

services. We encourage you to read the privacy policies of all TPSP websites.

Updating and Deleting your Personal

Information

All Members may review, update, correct or delete the Personal Information in their

registration profile by contacting us at [email protected] or editing their profile. If

you would like us to deactivate your Uperspective Account, please contact us and we

will attempt to accommodate your request if we do not have any legal obligation or a

legitimate business reason to retain the information contained in your Uperspective

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Account. Please note that, if you cancel your Uperspective Account, any of your Member

Content on the Site and Application will remain publicly viewable via the Site and

Application. Please see below for privacy contact information

Security and Data Retention

Your Personal Information is password protected and our main servers are locked and

hosted by a leading provider of Internet access to enterprises with mission-critical

Internet application requirements. Access to the host environment is secure.

Identity theft and the practice currently known as "phishing" are of great concern to

Uperspective. Safeguarding information to help protect you from identity theft is a top

priority. We do not and will not, at any time, request your credit card information, your

Uperspective Account ID, login password, or national identification numbers in a non-

secure or unsolicited email or telephone communication.

We follow generally accepted industry standards to protect the Personal Information

submitted to us, both during transmission and once we receive it. However, no method

of transmission over the Internet, or method of electronic storage, is 100% secure.

Therefore, we cannot guarantee its absolute security. If you have any questions about

security on our Site and Application, you can contact us at [email protected].

Note that we will make any legally required disclosures of any breach of the security,

confidentiality, or integrity of your unencrypted electronically stored "personal data" (as

defined in applicable state statutes on security breach notification) to you via email or

conspicuous posting on the Site and Application in the most expedient time possible and

without unreasonable delay, insofar as consistent with (i) the legitimate needs of law

enforcement or (ii) any measures necessary to determine the scope of the breach and

restore the reasonable integrity of the data system.

Sharing personal email addresses, phone numbers, Skype/IM usernames or any

other personal contact details.

All communications, information and files exchanged should be performed exclusively

using Uperspective’s messaging system. The main reason this it is required is to keep

communications and transactions on Uperspective is for your safety. The internet

industry has traditionally been inundated with risk and uncertainty. Uperspective is a new

form of communications. For this community to thrive, security and trust must be

maintained for all users. This is only possible through maintaining initial conversations

within the Uperspective application. Protecting our users’ privacy is of critical concern for

everyone on the Uperspective team. To protect our users’ privacy, personal information

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should be kept anonymous. Requesting or providing email addresses, skype/IM

usernames or other personal contact details (other than your name) are strictly

prohibited. Uperspective’s Call Back service and User Inboxes are designed to enable

communication between all users.

International Transfer

Uperspective and its third party partners to whom we disclose information under this

policy may perform activities outside of the United States and potentially collect, transfer,

store, and process your personal information in other countries. As a result, your

information may be subject to the laws of those countries or other jurisdictions. These

laws may not be equivalent to the privacy and data protection laws in your jurisdiction.

Information may be disclosed in response to valid demands or requests from

government authorities, courts, or law enforcement in these countries. By using the Site,

Application or providing us with your information, you consent to the potential collection,

transfer, storage, and processing of information in other countries.

Access

We will make available to you any of your personal information that we have collected,

used or disclosed upon request. Please contact us at [email protected].

Updates to This Policy

By using the Site, Application and Service you are accepting the terms of this Privacy

Policy, as it may be amended from time to time. Please check the date of this Policy

each time you visit to ensure that you are aware of the most current version. If you do

not agree to the terms of this Policy, please do not use this Site, Application and Service.

We may update this Privacy Policy to reflect changes to our information practices. If we

make any material changes we will notify you by email (sent to the e-mail address

specified in your Uperspective Account) or by means of a notice on the Site and

Application prior to the change becoming effective. We encourage you to periodically

review this page for the latest information on our privacy practices.

Addressing Your Concerns

We are accountable for our compliance with this Privacy Policy and the Personal

Information under our control. We have implemented policies and practices to give effect

to this policy, including training and communicating with our employees the importance

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of privacy. We regularly monitor our procedures and security measures to ensure that

they remain effective and that they are being properly administered. If you have

questions or suggestions or wish to contact our Privacy Officer, please email us at

[email protected].


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