Terms and Conditions

Terms of the Website.

These Terms of Use (hereinafter “Terms”) shall govern what rights and obligations do you have when using or visiting the https://upstream-technologies.com/ (hereinafter “Website”) including the legal aspect of the use of the Website and buying and using the digital assets, available via the Website. Please note, that your use of the Website from any electronic device shall be deemed as your acceptance of these Terms and any of their revised version.

Who we are?

The Website is owned and operated by UPSTREAM TECHNOLOGIES LP, the Company incorporated under the laws of the United Kingdom, Company number: SL032038, Registered address: International House, 38 Thistle Street, Edinburgh, Scotland, EH2 1EN. UPSTREAM TECHNOLOGIES LP hereinafter shall be referred to as the “Company”, “we”, “us”, “our”. You can always contact us via e-mail address info@upstream-technologies.com. If you issue relates to personal data processing, you can contact our Data Protection Officer (DPO) via e-mail address – dpo@upstream-technologies.com.

Choice of Law.

These Terms and any non-contractual relations between you and the Company shall be governed by the laws of England. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England.

Prohibited Use.

When using the Website, you agree that you will comply with intellectual property laws, privacy laws, anti-hacking and anti-fraud laws and other applicable laws, statutes and regulations. Any attempt to interfere with the functioning of the Website and the technical infrastructure of the Company shall be considered as a breach of these Terms.

You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:

1. is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
2. is fraudulent, criminal or unlawful;
3. is inaccurate or out-of-date;
4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
5. impersonates any other person or body or misrepresents a relationship with any person or body;
6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
7. may be contrary to our interests;
8. is contrary to any specific rule or requirement that we stipulate on the website in relation to a particular part of the Website or the Website generally; or
9. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Intellectual Property Rights.

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, unless these Terms provide otherwise.

 

LIMITATIONS OF LIABILITY.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS WEBSITE OR YOUR USE, MODIFICATION, SUBMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING OF THE DIGITAL ASSETS. IN ADDITION, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU IN ASSOCIATION WITH THE WEBSITE OR MATERIALS FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

DISCLAIMER OF WARRANTY.

THE DIGITAL ASSETS ARE PROVIDED “AS IS” AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED BY THE COMPANY AND ITS THIRD-PARTY PROVIDERS. NEITHER THE COMPANY NOR ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS (INCLUDING DIGITAL ASSETS) OR THE CONTENT CONTAINED ON THE WEBSITE.

Indemnification.

You agree to defend, indemnify, and hold the Company harmless including affiliates, subsidiaries, officers or agents from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of these Terms by you or anyone using your Internet connection or by using your electronic device; b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website; c) your violation of any law or regulation; or d) any other matter for which you are responsible under these Terms or under law.

We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Waiver and severability.

No waiver of by the Company of any provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

License agreement.

1. This Agreement (“Agreement”) is a legal agreement between you, as individual licensee (“you”) and the Company, acting as licensor and determines your use of the digital assets, available for on the Website (individually – “digital asset”, collectively – “digital assets”). This Agreement is an integral part of the Terms of the Website. The terms and conditions that are not specifically governed by this Agreement shall be governed by the Terms of the Website.
2. This Agreement grants you, as a natural person, the right to use the digital assets subject to the conditions described herein (“License”).
3. In accordance with this License, the Company grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use and modify the digital assets for an unlimited number of times under the conditions of this Agreement. All the intellectual property rights to the digital assets are reserved by The Company.
4. You cannot use the digital assets in the following manner:

4.1 Make the digital asset available for free download for the purpose of exchanging, transferring or distributing;

4.2 Transfer, resell, sublicense, rent, redistribute, provide access to, share or transfer the digital assets and/or the rights to the digital assets to the third parties;

4.3 Use the digital assets in the manner that violates intellectual property rights of the Company. Example includes, but not limited to:

4.3.1 Falsely represent that any digital asset was created by you or a person/entity other than the Company;

4.3.2 Any attempt to patent the digital assets or attempt to obtain any intellectual property rights to the digital assets;

4.4 Use the digital assets in a way that competes with the Company`s business;

4.5 Use the digital assets for illegal purposes.

4.6 Use the digital assets in the product, application, service, website, etc. that is for sale or commercial distribution.

5. Any use of the digital assets specified in the provision 4 of this Agreement shall be considered as copyright infringement and in this case, you shall be liable for all damages caused by such use.
6. You can use the digital assets only in the product, application, service, website that is owned and operated by you.

Refund Policy.

1. Please note that all your transactions for the digital assets, available on the Website, are final and non-refundable.
2. The Company may refund you the funds only in the following circumstances and only subject to the following conditions:

2.1 You have made a mistake when specifying the sum of payment.

2.2 You have passed the Verification. In order to pass the Verification, you shall be required to submit the following data:

2.2.1 The copy/photo of your identification document. This may be a copy or a photo of your passport/government-issued ID/driving license.

2.2.2 The photo of your payment instrument, which you have used for making a transaction. This shall be a photo (both sides) of your payment instrument (payment instrument number, except for first six and last four digits, may be hidden or covered; CVV code may also be hidden or covered; the name of the cardholder and expiry date of the instrument must to not be covered or hidden).

2.2.3 A confirmation of your address. It may be an electricity bill, utility bill, or another relevant document. In some cases you may be required to provide a selfie photo with this bill/document.

2.2.4 Your photo, on which you hold your identification document and payment instrument and the document, that confirms your address. Requirements for covering of the data on the documents must be the same that are applied when these documents or photos are submitted separately;

2.2.5 Your photo, on which you hold a piece of paper with a handwritten code, date or other requested information.

2.3 The documents and the data, provided in the process of the Verification:

2.3.1 Must be issued in the name of the same person (it mean, for example, that a holder of the payment instrument and government-issued ID must be the same person).

2.3.2. Must belong to the same person, who previously made the transaction(s) for the digital assets.

2.4 In case if the refund to the payment instrument, which was used by you for making a payment, is not possible, the withdrawal will be made to the payment instrument, issued in your name and verified in accordance with the provision 2.2.2 of this Policy.

2.5 If you have faced any problem when making a payment, please, do not hesitate to contact Us via e-mail address info@upstream-technologies.com.

Assignment.

You have no rights to assign, transfer or otherwise grant any of your rights and obligations under these Terms without prior written consent of the Company. However, the Company may transfer or assign any of its rights and obligations under these Terms without notice.

Privacy.

All the issues relating to the processing of your personal data when you use the Website are covered by Privacy Policy. Privacy Policy is an integral part of the Terms. Please read Privacy Policy prior to provision of any personal data to the Website or the Company.

Third-party Websites.

From time to time the Website may include links to other websites. These links are provided for your convenience. We are not liable or responsible for any such linked website(s) or their content. If you use the links, you will leave the Website and will be subject to the Terms, which may differ from those applicable on the Website. We are not liable or responsible for any loss or damage resulting from failure to consult the privacy policies of such linked website(s) or for reliance on these Terms of Use with respect to such linked website(s).