Terms of Use

1. Introduction

By accessing or using Budups' Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Policy, so it is imperative that you read this Agreement and these policies and procedures before creating an account. These terms are regularly updated so it is your responsibility to keep up-to-date with this page.

Budups is an online, mobile application (the “App”) that connects its users locally and/or at their post-secondary institutions. Our goal is to make these connections possible through our tailored discovery and matchmaking systems (our “Service” or “Services”). You are bound to our Terms by accessing and using our App and Services. If you do not wish to comply, do not access or use our App and Services. Moreover, if you do not agree to changes in the Terms as they are regularly updated, then you are required to terminate access and usage of our App and Services.

2. Account Eligibility: Your Responsibilities

Before creating an account on Budups, users must meet specific eligibility criteria and understand their responsibilities in using our services.

To create an account or utilize our services, you must affirm that:

1.You are an individual aged 18 years or older, without representing any corporate entity.
2. You possess the legal capacity to enter into a contractual agreement with Budups.
3. You are not situated in a country subject to Canadian Government sanctions or designated as a "terrorist supporting" country.
4. You are not listed as prohibited from conducting business with Canada or facing similar restrictions.
5. You are not legally barred from using our services.
6. You have not committed serious offenses, unless granted clemency for non-violent crimes and deemed safe for other users.
7. You are not obligated to register as a sex offender.
8. You maintain only one Budups account.
9. You have not been previously banned from Budups or its affiliates without explicit permission.

Failure to meet these criteria results in the automatic revocation of service access, and users must promptly delete their accounts.

You agree to:

1. Adhere to our Terms of Service, reviewing updates periodically.
2. Abide by all relevant laws, including privacy and intellectual property regulations.
3. Utilize the latest version of our platform.
4. Familiarize yourself with our Safety Policy.
5. Review and comply with our Community Guidelines.
6. Employ reasonable measures to safeguard your login credentials.

You commit not to:

1. Falsify your identity, age, or associations.
2. Misuse the service, hindering other users' access or damaging the platform.
3. Disrupt our platform's operations or networks.
4. Engage in harmful, illegal, or unethical activities, including financial crimes.
5. Engage in harassment, bullying, or any form of abuse.
6. Share Prohibited Content (defined below).
7. Request passwords or personal information for unlawful purposes.
8. Solicit money or valuables from other users.
9. Use another user's account.
10 .Participate in fraudulent schemes or pyramid schemes.
11. Engage in political campaign financing or election influencing beyond personal expression of opinions.
12. Violate our licensing terms (see Section 6 below).
13. Disclose confidential information without authorization.
14. Infringe on intellectual property rights.
15. Imply Budups' endorsement of your statements.
16. Employ automated tools to access or manipulate the platform.
17. Introduce malicious code or compromise platform security.
18. Falsify information to deceive or manipulate.
19. Replicate or mirror our platform without consent.
20. Modify or reverse-engineer our services.
21. Develop third-party applications interacting with our services without consent.
22. Use or access our application programming interface without permission.
23. Probe platform vulnerabilities.
24. Encourage activities violating our Terms.
25. Create new accounts post-suspension without explicit permission.
26. File false reports or abuse the reporting system.

Prohibited Content:

Users are forbidden from uploading or sharing content that:

1. Harms, harasses, or distresses others.
2. Contains obscene, violent, or nude material.
3. Promotes discrimination or hate speech.
4. Facilitates illegal activities or harm to individuals.
5. Contains defamatory or untrue content.
6. Engages in commercial activities without authorization.
7. Transmits spam or malicious software.
8. Infringes upon third-party rights.
9. Utilizes unauthorized content.
10. Includes unauthorized depictions of individuals, especially minors.
11. Contravenes our platform's intended use.
12. Damages Budups' or its affiliates' reputation.

Uploading Prohibited Content may result in immediate account suspension or termination.

3. Content

Understanding your rights and responsibilities concerning the content on Budups is crucial, including any content you provide or post. Posting inappropriate content is expressly prohibited.

While using Budups, you'll encounter:

a. Your Content - content you upload or provide, even if suggested by Budups.
b. Member Content - content other users upload or provide.
c. Our Content - content provided by Budups.

"Content" encompasses all text, images, video, audio, or other material on Budups, including information on user profiles and direct messages.

3a. Your Content:

You're responsible for Your Content. Don't share anything that violates this agreement or exposes you or us to legal liability.

You solely own and are responsible for Your Content, agreeing to indemnify, defend, release, and hold us harmless from any claims related to it.

You represent that the information you provide, including through third-party sources, is accurate and agree to keep it updated.

Your profile content must be relevant and comply with Community Guidelines. Do not share personal contact or financial information. This includes things like name, addresses, telephone numbers, email addresses, credit/debit card information, and other financial details. If you disclose personal information, do so at your own risk.

Your profile will be viewable by other members globally. Therefore, you acknowledge and agree that Your Content will be viewed by other users, and we cannot prevent these users from sharing this information with third parties. When uploading Your Content, you also warrant that you have the necessary rights and licenses and you grant us a license to use Your Content as outlined (Section 6).

We may monitor or review Your Content and have the right to remove, edit, or block it at our discretion.

3b. Member Content:

Member Content belongs to the user who posted it. You may not copy or use Member Content except as allowed by these Terms.

Other users will share content on Budups and this content belongs to those users who posted it. Review and verify Member Content for accuracy. Other users are responsible for their Member Content and any actions taken based on it.

You have no rights in relation to Member Content and may only use it as consistent with Budups' purpose. You cannot copy or use other Member Content for commercial purposes, spam, harassment, or making threats.

Misuse of Member Content will lead to the termination of your account.

3c. Our Content:

Budups owns or licenses all other content on the platform.

All other content on Budups is owned, controlled, or licensed by us and protected by intellectual property laws.

You're granted a limited license to access and use Our Content as outlined in these Terms.

4. Inappropriate Content and Reporting

At Budups, we uphold a zero-tolerance policy towards inappropriate content or behavior.

We are dedicated to fostering a positive and respectful community environment, and we do not tolerate any form of inappropriate content or misconduct on Budups. We encourage users to promptly report any inappropriate Member Content or misconduct by utilizing the "Report User" feature on a user's profile or within the messaging or group interface. Additionally, you can reach out to Customer Support for assistance.

Member Content is subject to the terms and conditions outlined in the Canadian Copyright Act. To submit a complaint concerning Member Content that may constitute intellectual property infringement, please refer to the relevant sections of the Copyright Act provided below.

5. Privacy

Please see our Privacy Policy.

6. Rights You Are Granted by Budups

Budups grants you the privilege to utilize and benefit from our Services, contingent upon adherence to these Terms.

As long as you adhere to these Terms, Budups provides you with a personal, global, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and utilize our Services for purposes intended by Budups and permitted by these Terms and relevant regulations. This license and any access authorization to the Service will automatically cease in the event of non-compliance with these Terms.

7. Rights You Grant Budups

You retain ownership of all content you provide to Budups, while also granting us the right to utilize Your Content as outlined in this Agreement.

Upon creating an account, you grant Budups a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and make available to the general public Your Content. This includes any information authorized for access from Facebook or other third-party sources, in whole or in part, and in any format or medium known or developed in the future. While the license to Your Content is generally non-exclusive, it becomes exclusive for derivative works created through the use of our Services, such as screenshots containing Your Content.

Additionally, to prevent unauthorized use of Your Content outside of our Services, you authorize Budups to act on your behalf regarding infringements by other users or third parties. This includes the authority to issue notices pursuant to applicable laws (e.g., DMCA Takedown Notices) on your behalf if Your Content is used outside of our Services. Budups is not obligated to take action regarding the use of Your Content by other users or third parties. However, Budups' license to Your Content is subject to your rights under applicable law, such as laws regarding personal data protection.

In consideration for allowing you to use our Services, you agree that we, our affiliates, and third-party partners may display advertising on our platform. By providing suggestions or feedback to Budups regarding our Services, you agree that Budups may utilize and share such feedback for any purpose without compensation.

You consent to Budups accessing, preserving, and disclosing your account information, including Your Content, if required by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce these Terms; (iii) address claims of content infringement; (iv) respond to customer service requests; (v) protect the rights, property, or safety of Budups or others; or (vi) investigate, prevent, or take action regarding illegal activities, suspected fraud, or other wrongdoing.

8. Account Termination

Should you wish to cease using our Services, or if your account is terminated for any reason, here is what you need to know:

You have the option to delete your account at any time by logging into the App, accessing "Settings," selecting "Delete Account," and following the provided instructions. Please be aware that you must also manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to prevent additional billing.

Budups reserves the right to investigate and, if deemed appropriate, suspend or terminate your account without refund if we believe you have violated these Terms, misused our Services, or engaged in behavior that we deem inappropriate or unlawful, whether on or off our platform. We retain the right to employ any available means, including personal, technological, legal, or other methods, to enforce these Terms, at our discretion and without prior notice, including restricting your access to the Services.

In the event that your account is terminated by you or by Budups for any reason, these Terms remain valid and enforceable between you and Budups, and you will not be entitled to any refunds for previous purchases. Your information will be managed and deleted in accordance with our Privacy Policy.

9. Criminal Background and Identity Verification Checks

Budups does not conduct criminal background or identity verification checks on its users. While Budups aims to promote a respectful user environment, it does not assume responsibility for the behavior of any user on or off the service. It is essential to exercise prudence when interacting with others, and we recommend reviewing our Safety Policy.

You acknowledge that Budups does not undertake criminal background or identity verification checks on its users or otherwise investigate their background. Budups makes no representations or warranties regarding the conduct, identity, health, physical condition, intentions, legitimacy, or truthfulness of users. Budups reserves the right to perform - and you consent to Budups performing - any criminal background checks or other screenings (such as searches on sex offender registers) using available public records, and you agree that any information you provide may be used for that purpose. If Budups decides to conduct any screening through a consumer reporting agency, you hereby authorize Budups to obtain and utilize a consumer report about you to assess your eligibility under these terms.

You bear sole responsibility for your interactions with other users. We cannot and do not guarantee your safety and are not a substitute for following safety tips and other prudent safety measures. Always exercise caution and take appropriate safety measures when communicating with or meeting new people. Communications received through the service, including automatic notifications sent by Budups, may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other unacceptable behavior.

Although Budups endeavors to foster a respectful user experience, it does not assume liability for the actions of any user on or off the service. You agree to exercise caution in all interactions with other users, especially if deciding to communicate off the service or meet.

10. Disclaimer

Budups provides its services "as is" and makes no representations regarding the content or features of our Services or Member Content.

We offer our Services on an "as is" and "as available" basis. We do not provide any warranties, whether express, implied, statutory, or otherwise, regarding our Services (including all content contained therein). This includes any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Budups does not guarantee that our Services will be uninterrupted, secure, or error-free, or that any defects or errors will be corrected. We also cannot guarantee the accuracy, completeness, currency, or appropriateness of any content or information obtained through our services. Budups does not guarantee the number of active users at any time, nor users' willingness to communicate or meet you, or the compatibility or behavior of users you meet through our Services.

We do not assume responsibility for any content posted, sent, received, or acted upon through our Services, nor for the identity, intentions, legitimacy, or truthfulness of any users. Any material obtained through our Services is at your own risk, and we are not liable for any damage to your hardware, software, or other technology, including damage from security breaches, viruses, bugs, tampering, hacking, fraud, errors, interruptions, defects, delays, or other disruptions.

11. Digital Millennium Copyright Act

At Budups, we are committed to upholding copyright laws and ensuring that intellectual property rights are respected. Your assistance in promptly addressing any instances of copyright infringement is crucial to our efforts.

We have implemented a policy in accordance with the Digital Millennium Copyright Act (DMCA) to handle claims of copyright infringement. If you believe that any content on Budups, whether it belongs to a member or to us, violates your intellectual property rights, please submit a notification of infringement (referred to as a "DMCA Takedown Notice") containing the following details:

1. Your physical or electronic signature, indicating that you are authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed, or a representative list if multiple works are involved.
3. Specific identification of the allegedly infringing material and information to help us locate it.
4. Your contact information, including address, phone number, and email.
5. A statement affirming that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send any DMCA Takedown Notices to try.budups@gmail.com.

We will take appropriate action, including terminating the accounts of repeat infringers, in accordance with our DMCA policy.

12. Ads and Third-Party Content

On Budups, you might encounter advertisements and promotions from third parties. Budups does not endorse these products or services and cannot be held responsible for any interactions you have with them.

Within our Services, you may come across advertisements and promotions provided by third parties, as well as links to external websites or resources. Additionally, Budups may offer you the opportunity to view advertisements in exchange for Virtual Items. Please note that the availability of such advertisements is not guaranteed, and Budups does not ensure continuous eligibility to view them. We may also include non-commercial references or links to third-party content within our own. However, Budups is not accountable for the availability or content of external websites or resources.

Furthermore, Budups does not endorse any products or services offered by these third-party websites or resources. If you decide to engage with any third parties through our Services, your interactions will be governed by their respective terms and conditions. Budups holds no responsibility for the terms or actions of these third parties.

13. Limitation of Liability

Budups' liability is constrained to the fullest extent permitted by applicable law.

To the maximum extent allowed by law, Budups, its affiliates, employees, licensors, or service providers shall not be held liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from: (i) your access to or use of or inability to access or use the services, (ii) the conduct or content of any users or third parties on or through any of our affiliates’ services or in connection with the services; or (iii) any unauthorized access, use, or alteration of your content, even if Budups has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, budups' total liability to you for all claims relating to the services shall not exceed the greater of (a) $100 CAD or (b) the amount paid, if any, by you to Budups for the services during the twenty-four (24) month period immediately preceding the date that you first initiate a legal proceeding against Budups, whether statutory, in law or in equity, in any tribunal. The damages limitation set forth in the preceding sentence applies (i) regardless of the grounds for liability (whether default, contract, tort, statute, or otherwise), (ii) irrespective of the type of breach of rights, privileges, or obligations, and (iii) with respect to all events, the service, and this agreement.

The limitation of liability provisions outlined in this section shall remain effective even if your remedies under this agreement fail to fulfill their essential purpose.

Some jurisdictions may not permit the limitation of certain damages, so some or all of the restrictions in this section may not be applicable to you.

14. Indemnity by You

You are responsible for indemnifying Budups if any claim is made against it because of your actions.

You agree, within the bounds of applicable law, to indemnify, defend, and hold harmless Budups, its affiliates, and their respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or relating to your use of our Services, Your Content, your interactions with other users, or your violation of this Agreement. Keep in mind that some jurisdictions may not allow for indemnification, so parts or all of this section may not apply to you.

15. Acceptance to Terms

By utilizing our Services, you acknowledge and agree to the terms outlined in this Terms of Agreement.

When you access our Services, whether via a mobile device, app, or computer, you are consenting to abide by (i) these Terms, which may undergo periodic amendments, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Policy, and (iii) any Additional Terms Upon Purchase. Failure to accept and comply with all terms of this Agreement means you do not have the right to utilize our Services.

Any references to pronouns and their variants within this Agreement shall be construed to encompass masculine, feminine, neuter, singular, or plural as necessitated by the entities or persons referenced.

16. Entire Agreement

This Agreement prevails over any prior agreements or understandings.

These Terms, along with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Policy, as well as any Additional Terms Upon Purchase, constitute the complete agreement between you and Budups concerning the utilization of our Services. They supersede any earlier agreements, representations, or understandings between us, whether written or verbal. If any provision of these Terms is deemed invalid, unlawful, or unenforceable, the remaining provisions shall remain valid and enforceable. The Company's failure to enforce any right or provision of these Terms does not waive that right or provision. You acknowledge that your Budups account is non-transferable, and all rights to your account and its content cease upon your death, unless otherwise stipulated by law. Any rights and licenses granted herein cannot be transferred or assigned by you but may be assigned by us without restriction. These Terms do not establish any agency, partnership, joint venture, fiduciary, or employment relationship, and you may not represent or bind Budups in any capacity.

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