1. Introduction

1.1 upRive is a Facebook authorized software that connects to your existing Facebook ad account using Facebook’s marketing API to perform automated tasks with a unified goal of improving your campaign results in a quick and simple way.

1.2 These terms and conditions shall govern your use of uprive.com.

1.3 By using uprive.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use uprive.com.

1.4 If you register with uprive.com, submit any material to uprive.com or use any of uprive.com services, upRive will ask you to expressly agree to these terms and conditions.

1.5 You must be at least 18 years of age to use uprive.com; and by using uprive.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.

1.6 uprive.com uses cookies; by using uprive.com or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright notice

2.1 Copyright (c) 2015 FUBSZ LLC.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in uprive.com and the material on uprive.com; and

(b) All the copyright and other intellectual property rights in uprive.com and the material on uprive.com are reserved.

3. Licence to use website

3.1 You may:

(a) View pages from uprive.com in a web browser;

(b) Download pages from uprive.com for caching in a web browser;

(c) Print pages from uprive.com;

(d) Stream audio and video files from uprive.com; and

(e) Use uprive.com services by means of a web browser,

Subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from uprive.com or save any such material to your computer.

3.3 You may only use uprive.com for your own personal and business purposes, and you must not use uprive.com for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on uprive.com.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) Republish material from uprive.com (including republication on another website);

(b) Sell, rent or sub-license material from uprive.com;

(c) Show any material from uprive.com in public;

(d) Exploit material from uprive.com for a commercial purpose; or

(e) Redistribute material from uprive.com.

3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 upRive reserve the right to restrict access to areas of uprive.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on uprive.com.

4. Acceptable use

4.1 You must not:

(a) Use uprive.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) Use uprive.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use uprive.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software;

(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to uprive.com without our express written consent;

(e) Access or otherwise interact with uprive.com using any robot, spider or other automated means;

(f) Violate the directives set out in the robots.txt file for uprive.com; or

(g) Use data collected from uprive.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from uprive.com to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through uprive.com, or in relation to uprive.com, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 To be eligible for an individual account on uprive.com under this Section 6, you must be at least 13 years of age.

5.2 You may register for an account with uprive.com by completing and submitting the account registration form on uprive.com, and clicking on the verification link in the email that the website will send to you.

5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

6. User IDs and passwords

6.1 If you register for an account with uprive.com, upRive will provide you with / you will be asked to choose a user ID and password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on uprive.com arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 upRive may:

(a) Suspend your account;

(b) Cancel your account; and/or

(c) Edit your account details,

At any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on uprive.com by contacting us via the help page or settings page within your account dashboard or emailing to [email protected]

8.Payment; Taxes.

8.1 upRive will charge any subscription fees set forth on the Service pricing webpage https://uprive.com on the Effective Date, and thereafter on each monthly “anniversary thereof. Subscription fee charges for months following the Effective Date will be charged to the credit card provided to upRive by User. All payments shall be non-refundable, paid in US dollars and via credit card in accordance with instructions provided by upRive. User will provide a valid credit card and an email address upon registration, and shall update such information from time to time as necessary to ensure that such information is at all times accurate. If the credit card information User has provided is incorrect or incomplete, or upRive is otherwise unable to complete a charge transaction due to User’s error or omission, the account will be shut down within 3 days. upRive currently uses Stripe payments to process credit card charges. Stripe’s Payment’s terms of service and privacy policy can be found here . User shall pay a late fee on all amounts not paid at the rate of one and one-half percent (1.5%) per month or the maximum amount permitted by law, whichever is less. upRive reserves the right to change the Subscription Fees for any Subscription Level at any time upon thirty (30) days prior notice to User and to change payment processors at any time. When running a Facebook campaign through the Service, you must associate a Facebook account including a Facebook approved payment method for paying all Facebook media costs. upRive will not assume any cost incurred to Facebook. All Payments to Facebook is the responsibility of the user.

8.2 User may choose to upgrade to a more-expensive or downgrade to a less expensive subscription level at any time during the term of this Agreement.

8.3 If this Agreement is terminated by either party for any reason other than User’s breach, the user’s account will remain active until the end of the current billing cycle. upRive will then stop charging the user and the account will be terminated within 5 days from the end of the billing cycle.

8.4 User shall bear and be responsible for any applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon upRive’s net income.

8.5 Due to the nature of the free trial all payments made are non-refundable.

9. Your content: licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or uprive.com for storage or publication on, processing by, or transmission via, uprive.com.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on uprive.com.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if upRive reasonably suspect that you have breached these terms and conditions in any way, upRive may delete, unpublished or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) Be libellous or maliciously false;

(b) Be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) Infringe any right of confidence, right of privacy or right under data protection legislation;

(e) Constitute negligent advice or contain any negligent statement;

(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) Be in contempt of any court, or in breach of any court order;

(h) Be in breach of racial or religious hatred or discrimination legislation;

(I) am blasphemous;

(j) Be in breach of official secrets legislation;

(k) Be in breach of any contractual obligation owed to any person;

(l) Depict violence, in an explicit, graphic or gratuitous manner;

(m) Be pornographic, lewd, suggestive or sexually explicit;

(n) Be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) Constitute spam;

(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) Cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 upRive does not warrant or represent:

(a) The completeness or accuracy of the information published on uprive.com;

(b) That the material on the website is up to date; or

(c) That the website or any service on the website will remain available.

11.2 upRive reserve the right to discontinue or alter any or all of uprive.com services, and to stop publishing uprive.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if upRive stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 11.1, upRive excludes all representations and warranties relating to the subject matter of these terms and conditions, uprive.com and the use of uprive.com.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) Limit or exclude any liability for death or personal injury resulting from negligence;

(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) Limit any liabilities in any way that is not permitted under applicable law; or

(d) Exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) Are subject to Section 11.1; and

(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3 To the extent that uprive.com and the information and services on uprive.com are provided free of charge, upRive will not be liable for any loss or damage of any nature.

12.4 upRive will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 upRive will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 upRive will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 upRive will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that upRive have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that upRive are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if upRive reasonably suspect that you have breached these terms and conditions in any way, upRive may:

(a) Send you one or more formal warnings;

(b) Temporarily suspend your access to uprive.com;

(c) Permanently prohibit you from accessing uprive.com;

(d) Block computers using your IP address from accessing uprive.com;

(e) Contact any or all your internet service providers and request that they block your access to uprive.com;

(f) Commence legal action against you, whether for breach of contract or otherwise; and/or

(g) Suspend or delete your account on uprive.com.

13.2 Where upRive suspend or prohibit or block your access to uprive.com or a part of uprive.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1 upRive may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of uprive.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / upRive will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of uprive.com from the date that upRive give you such notice; if you do not agree to the revised terms and conditions, you must stop using uprive.com.

14.3 If you have given your express agreement to these terms and conditions, upRive will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as upRive may specify, upRive will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that upRive may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 11.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of uprive.com and shall supersede all previous agreements between you and us in relation to your use of uprive.com.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with Florida law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Florida, USA.

20. Our details

20.1 This website is owned and operated by FUBSZ LLC.

20.2 upRive is registered in Florida, USA and our registered office is at

20.3 Our principal place of business is at

20.4 You can contact us by writing to the business address given above, by using uprive.com contact form, by email to [email protected].