Welcometo the passup service! Please read these Terms of Service (the“Agreement”) carefully. Your use of the Service (as defined below)constitutes your consent to this Agreement.
ThisAgreementis between you and Trioangle Technologies (“Company” or “we”or “us”) concerning your use of (including any access to) our passupmobile app (together with any successor app(s), the “App”), and also ourpassup website currently located at http://passup.trioangle.com/(together with any successor site(s), the “Site”). This Agreement refersto the App and Site (together with any materials and services availabletherein) as the “Service.” Please note that this Agreement herebyincorporates by reference any additional terms and conditions posted byCompany through the Service, or otherwise made available to you byCompany.BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TOENTER INTO THIS AGREEMENT (WHICH IS 18 IN MOST STATES), OR, IF YOU ARENOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTOTHIS AGREEMENT, AND THAT YOUR PARENT OR GUARDIAN HAS AGREED TO BE LIABLEFOR YOUR ACTS AND OMISSIONS
We may changethis Agreement from time to time by notifying you of such changes byany reasonable means, including by posting a revised Agreement throughthe Service. Any such changes will not apply to any dispute between youand us arising prior to the date on which we posted the revisedAgreement incorporating such changes, or otherwise notified you of suchchanges.
Youruse of the Service following any changes to thisAgreement will constitute your acceptance of such changes. The “LastUpdated” legend above indicates when this Agreement was last changed. Wemay, at any time and without liability, modify or discontinue all orpart of the Service; charge, modify or waive any fees required to usethe Service; or offer opportunities to some or all Service users.
3. Product Listings..TheService includes a forum where users may post and browse listings forgoods, including second-hand goods (“Products”). Such listings andProducts are provided by users, and not by us. WE DO NOT SELL OROTHERWISE MAKE AVAILABLE ANY PRODUCTS, WE DO NOT BUY OR OTHERWISEACQUIRE ANY PRODUCTS, AND WE DO NOT FACILITATE THE SALE, PURCHASE ORTRANSFER OF ANY PRODUCTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCHLISTINGS OR PRODUCTS, FOR ANY TRANSACTIONS OR TRANSFERS INVOLVINGPRODUCTS, INCLUDING THE SHIPPING OR DELIVERY OF ANY PRODUCTS OR ANYPAYMENTS FOR PRODUCTS, OR FOR ANY DISPUTE BETWEEN USERS RELATING TO ANYSUCH LISTINGS OR PRODUCTS. PLEASE USE CAUTION AND COMMON SENSE WHENBUYING, SELLING OR OTHERWISE TRANSFERRING ANY PRODUCT, OR MAKING ORRECEIVING PAYMENT FOR ANY PRODUCT.
Neitherthe availability throughthe Service of any such listing, nor any promotional services that wemay make available to the user who posted such listing, implies ourendorsement of the listed Product or the provider of such Product, orany affiliation with such provider. We make no representations as to anyProducts or listings, or any providers of Products. Such informationand the availability of any Product are subject to change at any timewithout notice. You must ascertain and obey all applicable lawsregarding the marketing, promotion, sale, purchase, delivery, receipt,possession and use of any Product. We reserve the right to remove anyProduct listing for any reason. You must ensure that you have thenecessary authority and permissions to post any Product listing, and toenter into any transaction or make any transfer relating to a Product,including, if you are not of legal age to do so, by obtaining properparental or guardian consent. The legal age is 18 in most states
5. License.Forpurposes of clarity, you retain ownership of your Submissions. For eachSubmission, you hereby grant to us a worldwide, royalty-free, fullypaid-up, non-exclusive, perpetual, irrevocable, transferable and fullysublicensable (through multiple tiers) license, without additionalconsideration to you or any third party, to reproduce, distribute,perform and display (publicly or otherwise), create derivative works of,adapt, modify and otherwise use, analyze and exploit such Submission,in any format or media now known or hereafter developed, and for anypurpose (including promotional purposes, such as testimonials).
Youmustensure that you have the necessary authority and permissions topost any Product listing, and to enter into any transaction or make anytransfer relating to a Product, including, if you are not of legal ageto do so, by obtaining proper parental or guardian consent. The legalage is 18 in most states
Inaddition, if you provide to us anyideas, proposals, suggestions or other materials (“Feedback”), whetherrelated to the Service or otherwise, such Feedback will be deemed aSubmission, and you hereby acknowledge and agree that such Feedback isnot confidential, and that your provision of such Feedback isgratuitous, unsolicited and without restriction, and does not placeCompany under any fiduciary or other obligation.
Yourepresent andwarrant that you have all rights necessary to grant the licenses grantedin this section, and that your Submissions, and your provision thereofthrough and in connection with the Service, are complete and accurate,and are not fraudulent, tortious or otherwise in violation of anyapplicable law or any right of any third party. You further irrevocablywaive any “moral rights” or other rights with respect to attribution ofauthorship or integrity of materials regarding each Submission that youmay have under any applicable law under any legal theory.
6. Monitoring.Wemay (but have no obligation to) monitor, evaluate, alter or removeSubmissions before or after they appear on the Service, or analyze youraccess to or use of the Service. We may disclose information regardingyour access to and use of the Service, and the circumstances surroundingsuch access and use, to anyone for any reason or purpose.
7. Company’s Proprietary Rights.Weand our suppliers own the Service, which is protected by proprietaryrights and laws. Our trade names, trademarks and service marks includepassup and any associated logos. All trade names, trademarks, servicemarks and logos on the Service not owned by us are the property of theirrespective owners. You may not use our trade names, trademarks, servicemarks or logos in connection with any product or service that is notours, or in any manner that is likely to cause confusion. Nothingcontained on the Service should be construed as granting any right touse any trade names, trademarks, service marks or logos without theexpress prior written consent of the owner.
8. IndemnityTothe fullest extent permitted under applicable law, you agree to defend,indemnify and hold harmless Company and the Affiliated Entities, andtheir respective successors and assigns, from and against all claims,liabilities, damages, judgments, awards, losses, costs, expenses andfees (including attorneys’ fees) arising out of or relating to (a) youruse of, or activities in connection with, the Service (including allSubmissions); (b) any Products, listings for Products, transactions ortransfers relating to Products, or disputes with other users of theService; and (c) any violation or alleged violation of this Agreement byyou.
9. Termination.This Agreement is effectiveuntil terminated. Company may terminate or suspend your use of theService at any time and without prior notice, for any or no reason,including if Company believes that you have violated or actedinconsistently with the letter or spirit of this Agreement. Upon anysuch termination or suspension, your right to use the Service willimmediately cease, and Company may, without liability to you or anythird party, immediately block your associated device(s) from accessingor using the Service, and deactivate or delete your user name, passwordand account, and all associated materials, without any obligation toprovide any further access to such materials..
10. Filtering.Wehereby notify you that parental control protections (such as computerhardware, software or filtering services) are commercially availablethat may assist you in limiting access to material that is harmful tominors.Please note that Company does not endorse any of the products orservices listed on such site.
11. Information or Complaints.
Ifyou have a question or complaint regarding the Service, please send ane-mail to [email protected]
You may also contact us by writing aletter to our address. Please note that e-mail communications will notnecessarily be secure; accordingly, you should not include credit cardinformation or other sensitive information in your e-mail correspondencewith us.
12. Copyright Infringement Claims.TrioangleMinds Technologies Private Limited solely own the copyright for passup.It’s the only owner of this product and no other second owner orfranchise
This Agreement doesnot, and shall not be construed to, create any partnership, jointventure, employer-employee, agency or franchisor-franchisee relationshipbetween you and Company. If any provision of this Agreement is found tobe unlawful, void or for any reason unenforceable, that provision willbe deemed severable from this Agreement and will not affect the validityand enforceability of any remaining provision.
Youmay notassign, transfer or sublicense any or all of your rights or obligationsunder this Agreement without our express prior written consent. We mayassign, transfer or sublicense any or all of our rights or obligationsunder this Agreement without restriction. No waiver by either party ofany breach or default under this Agreement will be deemed to be a waiverof any preceding or subsequent breach or default.
14. Apple-Specific Terms.
Inaddition to your agreement with the foregoing terms and conditions, andnotwithstanding anything to the contrary herein, the followingprovisions apply with respect to your use of any version of the Appcompatible with the iOS operating system of Apple Inc. (“Apple”). Appleis not a party to this Agreement and does not own and is not responsiblefor the App. Apple is not providing any warranty for the App except, ifapplicable, to refund the purchase price for it. Apple is notresponsible for maintenance or other support services for the App andshall not be responsible for any other claims, losses, liabilities,damages, costs or expenses with respect to the App, including anythird-party product liability claims, claims that the App fails toconform to any applicable legal or regulatory requirement, claimsarising under consumer protection or similar legislation, and claimswith respect to intellectual property infringement. Any inquiries orcomplaints relating to the use of the App, including those pertaining tointellectual property rights, must be directed to Company in accordancewith the “Information or Complaints” section above. The license youhave been granted herein is limited to a non-transferable license to usethe App on an Apple-branded product that runs Apple’s iOS operatingsystem and is owned or controlled by you, or as otherwise permitted bythe Usage Rules set forth in Apple’s App Store Terms of Service. Inaddition, you must comply with the terms of any third-party agreementapplicable to you when using the App, such as your wireless data serviceagreement.
Appleand Apple’s subsidiaries are third-partybeneficiaries of this Agreement and, upon your acceptance of the termsand conditions of this Agreement, will have the right (and will bedeemed to have accepted the right) to enforce this Agreement against youas a third-party beneficiary thereof; notwithstanding the foregoing,Company’s right to enter into, rescind or terminate any variation,waiver or settlement under this Agreement is not subject to the consentof any third party.