Terms of Use

Updated [March 3, 2019]

uPushiT Ultimate Challenge (also referred to as the "uPushiT Platform") is a multi-layer, wide-scale game challenge platform where users engage in system-wide game challenges. APPLE IS NOT A SPONSOR NOR IS INVOLVED IN ANY WAY IN OUR GAME CHALLENGES.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING UPUSHIT ULTIMATE CHALLENGE MOBILE APP. THESE TERMS AND CONDITIONS ("TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND DE' LAMAR TECHNOLOGIES CORPORATION.

In order to use our service you must agree to our Terms and EULA. These Terms govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, mobile applications, buttons, and widgets, (the "Services" or "uPushiT Ultimate Challenge"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services (collectively referred to as "Content"). Your access to and use of our Services are conditioned on your acceptance of and compliance with these Terms.

By accessing, downloading or using our Mobile Application, products, Site or Services in any way; by accessing our Services through Third Party Platforms, including social networking sites; by checking the "I Agree" box, or by completing the registration process, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, USE AND STORAGE OF YOUR INFORMATION AS OUTLINED IN DE' LAMAR TECHNOLOGIES' PRIVACY POLICY. (All of the above, collectively "YOUR ACCEPTANCE").

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF SERVICES IMMEDIATELY.

GENERAL TERMS

Our services are licensed, not sold, to you. De' Lamar Technologies reserves the right to refuse any user access to Services without notice for any reason, including, but not limited to, any violation of the Terms. You agree that De' Lamar Technologies may suspend or discontinue Services (or any feature thereof) or change the content of Services at any time, for any reason, with or without notice, and without liability.

Changes to the Terms. We reserve the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at our sole discretion. The most recent version of this Agreement will be posted on this page. As a Member, it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with uPushiT services in any way, your only recourse is to immediately: (1) discontinue use of uPushiT services; and (2) uninstall uPushiT Ultimate Challenge mobile app from your device(s). The Services that uPushiT provides are always evolving and the form and nature of the Services that uPushiT provides may change from time to time without prior notice to you. In addition, uPushiT may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

United States (U.S.). To be eligible to register an Account, to participate in any game challenges or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with De' Lamar Technologies; (c) be physically located within the U.S. when accessing your Account and participating in game challenges; (d) be physically located within a U.S. state in which participation in game challenges you select is unrestricted by that state's laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

Non-U.S. To be eligible to register an Account, to participate in any game challenge or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with De' Lamar Technologies; (c) be physically located in a jurisdiction in which participation in game challenges you select is permitted and unrestricted by that state or country's laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

Our Services. We may, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability.

USE OF SERVICES

Account Registration. You are required to become a Registered User to access certain features of our Services. For purposes of the Terms, a "Registered User" is a user of Services ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to our Services (each such account, a "Third-Party Account").

Access through Third Party Platforms. If you access our Services through a social networking service or other third-party service (each a "Third Party Platform") as part of the functionality of Services, you may link your Account with Third-Party Accounts, by allowing De' Lamar Technologies to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to De' Lamar Technologies and/or grant De' Lamar Technologies access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating De' Lamar Technologies to pay any fees or making De' Lamar Technologies subject to any usage limitations imposed by such third-party service providers.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DE' LAMAR TECHNOLOGIES DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL DATA THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, You agree and understand that We do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.

Registration Data. In registering for Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account with anyone, and you agree to: (A) notify De' Lamar Technologies immediately of any unauthorized use of your login or any other breach of security; (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or De' Lamar Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, De' Lamar Technologies has the right to suspend or terminate your Account and refuse any and all current or future use of our Services (or any portion thereof). De' Lamar Technologies reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.

Network Access. When you access our Services through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of our Services may work with your network provider or device.

USER REGISTRATION

You are required to use your real email address when registering to our system. In the event that you win a vault auction, a validation request will only be sent to the registered email; no exceptions.

RULES OF CONDUCT

By using De' Lamar Technologies' Services you agree NOT to (or solicit another user to do so):

  • create an Account if you are under the age of 18
  • create and use more than one account
  • act or allow any behavior that violates the rules of the Third Party Platform, provided that the access to our Service is made through such a platform
  • create an Account using a false identity or information, or on behalf of someone other than yourself
  • have an Account or use our Service if you have previously been banned from using our services
  • use your Account, the Site or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spam) to anyone
  • use your Account or Service to engage in any illegal conduct
  • access another user's account without permission
  • use our Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms
  • collect or harvest any information about other users
  • post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically or religiously insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material to conduct
  • discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor
  • use features of the Site or Service for anything other than their intended purpose
  • interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third Party Platforms
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third Party Platforms
  • engage in any other prohibited conduct
  • You further represent and warrant that (a) You are not located in a country that is subject to a U.S.A. Government embargo, or that has been designated by the U.S.A. Government as a "terrorist supporting" country; and (b) You are not listed on any U.S.A. Government list of prohibited or restricted parties

Any use of our Services in violation of these limitations is strictly prohibited and may subject you to liability for violations of law. De' Lamar Technologies reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, De' Lamar Technologies will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using our Services and/or informing the appropriate authorities.

VIRTUAL CURRENCY AND GOODS

uPushiT Ultimate Challenge platform includes the option to purchase, with "real world" money, a license to use (i) virtual, in-game currency (herein referred to as "Push Tokens") as well as (ii) virtual, in-game goods ("Virtual Goods") by using legal tender. This can only be done if you are considered a legal adult in your country of residence.

The Push Token is virtual currency created by De' Lamar Technologies for the uPushiT Ultimate Challenge platform. One Push Token is equivalent to 2 cents or $0.02. Push Tokens and/or Virtual Goods may be purchased only through the uPushiT platform and only in the manner stipulated in the uPushiT platform. Any Push Tokens and/or Virtual Goods obtained by Users other than through the uPushiT platform, may be deemed void or voidable by De' Lamar Technologies, at its sole discretion.

ALL PUSH TOKENS AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Push Tokens you acquire. Push Tokens may only be redeemed toward the purchase of Virtual Goods or items. Push Tokens are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other Account, except to the extent described herein, or as required by applicable law.

Push Tokens does not expire. Notwithstanding the foregoing, De' Lamar Technologies has absolute control over all Push Tokens and Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Push Tokens and Virtual Goods as it sees fit and without any liability. De' Lamar Technologies' obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Push Tokens to your Account.

NO REFUNDS WILL BE GIVEN BY DE' LAMAR TECHNOLOGIES. Push Tokens and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE uPUSHIT PLATFORM. Other than a limited, revocable, non-transferable license to use Push Tokens or Virtual Goods in the uPushiT platform, you have no right in or title to such Push Tokens and Virtual Goods. In the event that your Account is terminated or suspended for any reason, in De' Lamar Technologies' sole and absolute discretion, or if De' Lamar Technologies discontinues its services, you forfeit any and all Push Tokens and Goods. De' Lamar Technologies has the absolute right to manage, regulate, control, modify, and/or eliminate Push Tokens and/or Virtual Goods as it sees fit in its sole discretion, and De' Lamar Technologies shall have no liability to you or anyone for the exercise of such rights.

uGOLD, VIRTUAL SECART AND VAULT AUCTIONS

uGold is a virtual commodity created by De' Lamar Technologies specifically for the uPushiT platform. uGold is not a virtual item that can be purchased directly; it can only be acquired as set forth by De' Lamar Technologies and can only be used in the manner stipulated in the uPushiT platform. Any uGold obtained by Users other than through the uPushiT platform and/or in the manner stipulated by De' Lamar Technologies, will be deemed void by De' Lamar Technologies. You will have no right or title to any uGold you acquire. uGold can't be sold and does not expire. Notwithstanding the foregoing, De' Lamar Technologies has absolute control over all uGold and at any time has the right to change the value, modify and/or eliminate any uGold as it sees fit and without any liability. uGold is not legal tender; has no effect on the national or global trade market and only has value to De' Lamar Technologies as stipulated in the uPushiT platform.

Virtual SecArt, short for Security Artwork, is proprietary digital artwork created by De' Lamar Technologies specifically for the uPushiT platform. Virtual SecArt is not a virtual item that can be purchased directly; it can only be acquired through winning a vault auction event and can only be used, traded or sold in the manner stipulated by De' Lamar Technologies. Any Virtual SecArt obtained by Users other than through the uPushiT platform and/or in the manner stipulated by De' Lamar Technologies, will be deemed void by De' Lamar Technologies. De' Lamar Technologies has absolute control over all Virtual SecArt and at any time has the right to change the value, modify and/or eliminate any Virtual SecArt as it sees fit and without any liability.

The Vault is a virtual bank and The Vault Auction is a proprietary virtual auction both created by De' Lamar Technologies specifically for the uPushiT platform. Neither The Vault or Vault Auctions are physical entities or have a physical location. The Vault and Vault Auctions can only be used in the manner stipulated in the uPushiT platform. De' Lamar Technologies has absolute control over The Vault and Vault Auctions and at any time has the right to modify and/or eliminate The Vault and/or Vault Auctions as it sees fit and without any liability.

WINNING A VAULT

There can only be (1) winner per vault auction; the system is designed to eliminate ties. If you win a vault auction, the amount of uGold used for the winning bid will be deducted from your account. If you lose the auction, no uGold is deducted. uGold accumulates indefinitely and is only spent if you win an auction.

All vault auction winners must first validate their email address before receiving the Virtual SecArt. Once a vault auction ends, a validation request will be sent to the winner’s registered email. The validation request will only be sent one time; no exceptions. You will have (5) days to validate your email. If you don’t validate your email within (5) days, the transaction will be voided and your uGold will be returned back to your account; no exceptions.

Once your email address is validated, you will be listed as the authorized owner of the said Virtual SecArt. The Virtual SecArt will be sent to the validated email address. Only the authorized owner will be granted authorization for the trade-back.

YOU MUST NOT LOSE THESE ITEMS!!! You are solely responsible to store these items somewhere they can’t be lost. If any of these items are lost for whatever reason(s), the Virtual SecArt will be deemed “compromised” and voided from our system. Once the SecArt is voided, it will no longer be authorized for trade-back and because the original vault auction transaction was completed, your uGold will not be returned back to your account; no exceptions.

SECART TRADE-BACK

Each SecArt will have an Issued Date and a Maturity Date. The authorized owner has the option to trade-back the SecArt either on, or any time after its Maturity Date to De' Lamar Technologies. We will then buy it from you for its stated value. Only the authorized owner will be granted authorization for the trade.

To initialize a trade-back transaction, simply email a request to support@upushitultimate.com and include:

  • auction's name,
  • SecArt's 12-digit serial number
  • SecArt's passcode
  • value amount
  • your PayPal address.

Once the SecArt is traded, it's devalued and removed from the system. All trade-back transactions are processed through either PayPal or Xoom; no exceptions.

PAYMENT OF FEES

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. De' Lamar Technologies may revise the pricing for the goods and services offered through the uPushiT platform at any time. De' Lamar Technologies may also provide links to other websites or third party services, some of which may charge separate fees, which are not included in any fees that you may pay to De' Lamar Technologies. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable.

TERMINATION OF SERVICE

Termination. You may terminate service by notifying De' Lamar Technologies at any time. Termination of service doesn't necessarily mean that we will remove all account information from our system, however, you will no longer receive product updates, notifications, alerts or announcements. We reserve the right to terminate or suspend your Account or access to our services at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated to it. You will also not be entitled to a refund of any Push Tokens or Virtual Goods acquired during your use of our services.

PRIVACY

Any information that you provide to uPushiT is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by uPushiT. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, upcoming auctions, winner notifications and administrative messages. These communications are considered part of the Services and your uPushiT Ultimate Challenge account, which you may not be able to opt-out from receiving.

DISCLAIMER OF WARRANTIES

User agrees that use of the uPushiT website, uPushiT Ultimate Challenge Mobile App and the services is entirely at User's own risk. All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that uPushiT expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchant ability and fitness for a particular purpose. In addition, uPushiT does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by uPushiT, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in jurisdictions in which uPushiT is not properly licensed. If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.

LIMITATION OF LIABILITY

uPushiT shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if uPushiT has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus.

INDEMNIFICATION

You agree to indemnify and hold uPushiT, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.