Terms & Conditions

Updated at 2020-10-22

General Terms

By accessing and placing an order with UpVision, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and UpVision.

Under no circumstances shall UpVision team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if UpVision team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

UpVision will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

UpVision grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website/app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and UpVision (referred to in these Terms & Conditions as "UpVision", "us", "we" or "our"), the provider of the UpVision website and the services accessible from the UpVision website (which are collectively referred to in these Terms & Conditions as the "UpVision Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the UpVision Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Meanings

For this Terms & Conditions:

-Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
-Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to UpVision, (Polish address of UpVision) that is responsible for your information under this Terms & Conditions.
-Country: where UpVision or the owners/founders of UpVision are based, in this case is Poland
-Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit UpVision and use the services.
-Service: refers to the service provided by UpVision as described in the relative terms (if available) and on this platform.
-Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
-Website: UpVision."’s" site, which can be accessed via this URL: up.vision
-You: a person or entity that is registered with UpVision to use the Services.

Restrictions

You agree not to, and you will not permit others to:

-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website/app or make the platform available to any third party.
-Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website/app.
-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of UpVision or its affiliates, partners, suppliers or the licensors of the website/app.

Return and Refund Policy

Thanks for shopping at UpVision. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at UpVision. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at UpVision, you agree to the terms along with UpVision."’s" Privacy Policy.

If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to UpVision with respect to the website/app shall remain the sole and exclusive property of UpVision.

UpVision shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website/app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by UpVision. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

UpVision uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website/app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website/app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that UpVision may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at UpVision’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform UpVision when you stop using the Service. You acknowledge and agree that if UpVision disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our website/app

UpVision reserves the right to modify, suspend or discontinue, temporarily or permanently, the website/app or any service to which it connects, with or without notice and without liability to you.

Updates to Our website/app

UpVision may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that UpVision has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that UpVision shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. UpVision does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or UpVision.

UpVision may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from UpVision, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website/app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website/app and delete all copies of the website/app from your computer.
Termination of this Agreement will not limit any of UpVision's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

If you are a copyright owner or such owner’s agent and believe any material on our website/app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold UpVision and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website/app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The website/app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, UpVision, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, UpVision provides no warranty or undertaking, and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither UpVision nor any UpVision's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website/app, or the information, content, and materials or products included thereon; (ii) that the website/app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website/app; or (iv) that the website/app, its servers, the content, or e-mails sent from or on behalf of UpVision are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of UpVision and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website/app.

To the maximum extent permitted by applicable law, in no event shall UpVision or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if UpVision or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by UpVision on the Services, shall constitute the entire agreement between you and UpVision concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and UpVision."’s" failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND UpVision AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

UpVision reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website/app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use UpVision.

Entire Agreement

The Agreement constitutes the entire agreement between you and UpVision regarding your use of the website/app and supersedes all prior and contemporaneous written or oral agreements between you and UpVision.
You may be subject to additional terms and conditions that apply when you use or purchase other UpVision's services, which UpVision will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website/app 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), are owned by UpVision, its licensors or other providers of such material and are protected by Poland and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of UpVision, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR UpVision."’s" INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and UpVision concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or UpVision must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: support@up.vision. UpVision will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and UpVision will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or UpVision may commence arbitration.

Binding Arbitration

If you and UpVision don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of UpVision without any compensation or credit to you whatsoever. UpVision and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

UpVision may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of UpVision. UpVision will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. UpVision operates and controls the UpVision Service from its offices in Poland. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the UpVision Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the UpVision Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and UpVision concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

UpVision is not responsible for any content, code or any other imprecision.

UpVision does not provide warranties or guarantees.

In no event shall UpVision be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. UpVision reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The UpVision Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. UpVision is a distributor and not a publisher of the content supplied by third parties; as such, UpVision exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the UpVision Service. Without limiting the foregoing, UpVision specifically disclaims all warranties and representations in any content transmitted on or in connection with the UpVision Service or on sites that may appear as links on the UpVision Service, or in the products provided as a part of, or otherwise in connection with, the UpVision Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by UpVision or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, UpVision does not warrant that the UpVision Service will be uninterrupted, uncorrupted, timely, or error-free.

Don't hesitate to contact us if you have any questions.

-Via Email: support@up.vision

UpVision Referral Program Terms and Conditions

Updated at 2021-10-16

UpVision Sp. z o.o. ("we," "us" the "Company") offers you the opportunity to earn rewards by referring friends to try our fully-blown paid UpVision Streaming Service (The "Upgraded Service"). Your participation in the UpVision Referral Program ("UpVision Referral Program" or "Program") can earn you credits to use in conjunction with UpVision services. We reserve the right to terminate the Program at any time for any reason. The Program is administered by UpVision, which may, outsource certain elements of administration to third parties (collectively "Administrator").

These terms ("Terms") apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined in this document, and consistent with any other terms UpVision may apply to the Program. If you do not agree to these Terms in their entirety, then you should not participate in the Program. Users also cannot where in so doing, they would violate any applicable law or regulations.

Eligibility

This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referrers"; those who are referred are "Referred Customers." Referrers are may be eligible to receive "Credits" for every qualified referral. Referrers must speak and read English, be legally able to participate in the Program, and must be 1) at least the age of majority where they reside, 2) have an existing, valid UpVision user account, and 3) are otherwise in good standing. UpVision reserves the right to determine if a Referrer's UpVision user account is valid based on criteria that includes, but is not limited to, UpVision account activity and ownership. Participation in the Program represents an ongoing relationship with you, for privacy purposes. So long as you remain in the Program, and you have unused Credits, you will be considered an active member of the Program and of the UpVision Community. Please see UpVision privacy policy for further details on your privacy rights.

How It Works

To participate, once you have created your UpVision account, visit UpVision FAQ page. You will be provided a link which you can share with your friends and colleagues as much as you want. If a user uses your personal link and signs up and tops-up their account, each of you will receive a credit ("Credit") worth the amount of top-up, but not more than 150 EUR, to use for designated UpVision products and services. There is a limit of 150 unique Credits per Referral customer that a Referrer may receive, and Credits may only be used for designated UpVision products and services and may never be redeemed for cash.

Qualified Referrals

Having used UpVision Upgraded Service at least once and having balance exceed 0, Referrers will be provided with a unique referral link ("Personal Link") that allows Referrers to receive Credit. Personal Links will be issued only to organizations. Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices, including creating fake accounts or harassing potential referral sources.

Conditions for Receiving Credit

Credit will be awarded for Qualified Referrals who meet the following conditions:

1. The Referred Customer must use the Personal Link from a Referrer in good standing with UpVision.
2. If a Referred Customer receives more than one Personal Link, UpVision will provide the Credit to the organization whose Personal Link is used to complete the UpVision registration process regardless of when the Personal Links were sent. If a Referred Customer registers for the Upgraded Service using any other method, the registration will not count as a Qualified Referral and Referrer will not earn Credit;
3. The Referred Customer may not combine activating the Personal Link with any other monetary offer.
4. The Referred Customer may not receive a credit back for the Upgraded Service for up to 1 month.
5. The Referred Customer must be eligible to create a UpVision account and otherwise be qualified.
6. The Referred Customer must register for the Upgraded Service using a valid and current email address that has not been used to register for the Upgraded Service within the last 12 months.

How Credits Work

Referrers are allowed to invite unlimited number of Referred Customers and collect up to 150 EUR credit for each.

Credits are subject to verification and will generally be awarded within minutes. UpVision Entities may withhold a Credit if it reasonably believes additional verification is required. UpVision may also withhold or invalidate any potential it deems fraudulent, suspect, or in violation of these Terms, if UpVision in its sole discretion believes awarding a credit or verifying and approving a transaction will impose liability on UpVision, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All UpVision Entities' decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral, or Credit is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be sent via email to registered Referrer's and, except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Credits given under the terms that were valid at the time the Referred Customer signed up for the Upgraded Service.

Use of Credits

Credits may only be used for qualified UpVision products and services, which can change at any time. They may not be traded and have no monetary value, and may not be redeemed for cash, or traded. Credits are not transferable, salable, or auctionable. If the Program is terminated by UpVision, Referrers will have 6 months to use any Credits before they are forfeited. If a Referrer's account is cancelled for any reason, unredeemed Credits are forfeited immediately. If Referrer's account is suspended for any reason, upon resumption of account privileges.

Liability Release

Except where prohibited, Users agree that by participating in the Program, they agree: (1) to be bound by these Terms the decisions of UpVision, its Administrators ("UpVision Entities") (if any) and/or their designees, and privacy policies; (2) to release and hold harmless UpVision Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and (3) to be contacted by UpVision Entities via e-mail.

Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. UpVision Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond UpVision Entities control, corrupt the administration, security or proper play of the Program.

Except where prohibited, the Released Parties shall not be liable to any Users for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

As a condition of entering the Program, and unless prohibited by law, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you.

UpVision Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.

Applicable Law

Except where prohibited, disputes, claims and causes of action arising out of or related to this Program or any prize awarded shall be resolved under the laws of Poland.

Referrer's Code of Conduct

Referrer's agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:

- Violate the intellectual property rights of UpVision
- Spam or otherwise create bulk distributions of the Personal Link or the Personal Bonus Link that is inappropriate
- Collect or attempting to collect personal data about users or potential Referred Customers
- Engage in any actions that are designed to disrupt or undermine the Program
- Make attempts to gain unauthorized access to the software or the Program for any reason
- Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy UpVision intellectual property or stop the function of the UpVision services
- Engage in illegal or unsportsmanlike activities
- Engage in behavior designed to annoy or harass others
- Engage in actions that disparage or malign or call into question the reputation of UpVision, in UpVision’s sole discretion

Inappropriate Behavior

The UpVision Entities may prohibit anyone from participating in the Program or receiving a if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other UpVision users (whether or not enrolled in the Program), or representatives of UpVision Entities. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification. UpVision reserves the right to disqualify anyone, cancel Credits, disable or suspect an account, and contact legal authorities (including law enforcement), if it should discover a user is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

Privacy

Participation in the Program may require a Referred Customer and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with UpVision Privacy Policy, which can be found at https://up.vision/privacy-policy/. In addition, personal information may be used by Company on Company's behalf, to contact Users with regards to their participation in the Program.

Reservations of Rights

We reserve the right to modify or amend at any time these Terms and the methods through which Credits are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms. UpVision Entities' failure to enforce any term of these Terms shall not constitute a waiver of that provision.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
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