Terms of Service
By using our Services, you agree to these terms (the “Up Next Terms”). As used in the Agreement, “you” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we” or “us” means Up Next and its contractors, and the “parties” means you and Up Next.
1. You
You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each article or URL you submit to the Service; (iii) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights.
2. Your Content
You represent and warrant that you have all the rights to the Content you submit and that none of the Content: (a) infringes, misappropriates or violates any Intellectual Property Rights; (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (c) is false, misleading or inaccurate.
3. Content License
By using the Up Next service, you grant Up Next the right to use, modify, adapt, reproduce, distribute, and display your Content to the extent necessary to provide the Up Next Service, including transforming written content into audio formats. Up Next may refuse to provide the Services for any content.
4. Using our Services
You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
5. Changes and Termination
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether. You may discontinue your use of any Service at any time.
We may modify the Agreement at any time. We’ll post any modifications to the Up Next Terms on this page. Changes are effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the Services.
6. Privacy
Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Up Next can use such data in accordance with our privacy policy.
7. Indemnity
You agree to indemnify and defend Up Next from and against any and all third-party claims and liabilities arising out of or related to the content you submit, your use of the Services, or your breach of any term of the Agreement.
8. Warranties; Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTION OF THE SERVICES, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
10. Miscellaneous
Assignment: You may not assign or transfer any of your rights under the Agreement.
Independent Contractors: The parties are independent contractors and the Agreement does not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries: This Agreement does not create any third-party beneficiary rights.
No Waiver: The failure of either party to enforce any provision of the Agreement will not constitute a waiver.
Severability: If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.
Governing Law; Venue: All claims arising out of or relating to this Agreement or the Services will be governed by California law and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA.