Effective Date: January 16, 2025
Last Updated: February 4, 2025

WE3 Group, Inc. ("WE3") respects your privacy and is committed to protecting your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you interact with our website, products, or services.  

1. Acceptance of Terms

Welcome to UP (the “Platform”). The Platform is operated by WE3 Group, Inc (DBA: UP, Inc) (hereinafter “UP”), located at 600 North Broad Street, Suite 5, Middletown, Delaware 19709 (“we,” “us,” or “our”). By creating an account or posting content on UP, you (“Creator,” “you,” or “your”) agree to these Terms of Service (the “Terms”).  These Terms is between UP and you.  All right, title and interest in and to the Platform shall remain with UP.  UP reserves the right, at any time, to change or discontinue, in whole or in part, the Platform, including, without limitation, the content, equipment or code needed to access or use the Platform.  UP has the right to terminate and/or suspend your ability to access the Platform or any portion thereof, for any reason or no reason, as provided in these Terms.

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If you do not agree to these Terms, you may not access or use the Platform.

2. User Accounts

1. Eligibility: You must be at least 13 years old to use the Platform without a linked account with your parent/guardian, and at least 8 years old to use the Platform even if your account is linked with your parent/guardian.
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2. Account Setup: You agree to provide accurate, current, and complete information when creating your account and to keep it updated.
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3. Security: You are responsible for maintaining the confidentiality of your login details. Contact us immediately at support@upapp.us if you suspect unauthorized access to your account.

3. Content Guidelines

We want UP to be a positive and safe place. We do not allow the following types of content on the Platform:

• Pornographic or Sexual Content
• Political Content
• Unattainable Lifestyle Content
• Addictive Substances & Practices (alcohol, gambling, drugs, smoking, etc.)
• Unapproved Ads or Promotion of Products/Services (request approval at ads@upapp.us)
• Hyper “Look at Me” Content showing off money or expensive possessions
• Promotion of Unnatural Beauty Enhancements
• “Oddly Satisfying” Content
• Content Promoting Anorexia, Extreme Weight Loss, or Unnatural Body Building
• Obsessive Fandom
• ASMR or Mukbang Content
• Divisive or Racist Content
• Explicit Profanity (F***, C***, B****, etc.)
• Mocking of Anyone’s Faith or Religion
• Content That Is Potentially Divisive or Controversial to Many Users
• Content that violates, infringes, or is alleged to violate or infringe, the intellectual property rights of third-parties.
• Content that breaches, violates, or is alleged to breach or violate, applicable law.

Violations may result in content removal, account suspension, or account termination.

4. Content Ownership, Personal Information and Licensing

1. Ownership: You retain ownership of all content you post (“User Content”).
2. Rights to Post: You represent that you have all necessary rights, licenses, and permissions to post any content you upload. You are solely responsible for any infringement of third-party rights.
3. License to UP: By posting content on the Platform, you grant UP a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, adapt, publish, create derivative works of, and distribute your content in connection with operating and promoting the Platform. This includes the right to edit and incorporate your content into highlight reels.
4. Marketing and Promotion: By joining UP, you agree that we may identify you as a Creator in our marketing materials and media, and use your content for our promotional activities.
5. Personal Information and Location:  By registering or entering into the Platform your personal information, such as first name, last name, phone number, or email address, and/or allowing the Platform to provide UP the locations of your device, you agree that UP and its designees may use that information and location(s) for UP’s lawful business purposes.  By registering or entering into the Platform your personal information, you represent and warrant that such information is current, complete and accurate.  If the registration process requires you to create and use log-in credentials, you agree that UP may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided.  You are responsible for all use of your account, regardless of whether you authorizes such access or use, and for ensuring that all use of your account complies with these Terms.  UP’s collection, use and sharing of any personal information shall be treated in accordance with the Privacy Policy found at www.scrollhappy.com.  By using any part of the App, you agree to the terms of such Privacy Policy, which may change without notice to you.
6. Restrictions: The Platform contains proprietary information and the rights to the content on the Platform are owned by UP or its licensors. While you may access, view, use, and display the Platform, you may not modify, reproduce, publish, transmit, creative derivative works of the Platform, in whole or in part. In addition, you shall not (i) remove or modify any contents from the Platform or any markings or any notice of UP or its licensors’ proprietary rights; (ii) make the Platform available in any manner to any third party for use in the third party’s business operations, unless you receive written permission from UP; (iii) cause or permit reverse engineering, disassembly or decompilation of the Platform; or (iv) scrape or harvest, or cause to be scrapped or harvested, any data, content, or information displayed or contained on the Platform.

5. Copyright and Intellectual Property

1. DMCA Notices: If you believe your copyrighted material has been posted without permission, please contact us at infringement@upapp.us with details of the alleged infringement.
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2. ‍Respect for Rights: You agree to respect others’ intellectual property rights. Do not upload content you don’t have permission to use.

6. Moderation and Content Removal

1. Removal of Content: We reserve the right to remove any content that violates these Terms or is otherwise objectionable.
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2. Reporting: If you see content that violates these Terms, please report it to support@upapp.us.
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3. ‍Appeals: If your content is removed and you believe it was a mistake, you may contact us at support@upapp.us.

7. Creator Monetization and Ad Revenue

1. Advertising on the Platform: We may display advertisements from various brands throughout the Platform.
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2. Revenue Sharing: In the future, we will share a portion of the advertising revenue with eligible creators. The specifics (including eligibility criteria, calculation methods, and payment schedules) have not been finalized and may change from time to time.
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3. No Guaranteed Earnings: We make no promises or guarantees about the amount of revenue you may earn, if any. Your actual revenue (if offered) will depend on the terms of the monetization program we establish.
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4. ‍Program Updates: We reserve the right to modify or discontinue any monetization features or programs at our sole discretion. We will do our best to notify you if we make significant changes.

8. Important Disclaimers

1. No Warranty
   ‍THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the foregoing, UP does not warrant or make any representation regarding the results of your use of the Platform in terms of capability, correctness, accuracy, reliability or otherwise, or that the Platform will meet your requirements.
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2. Service Availability
   ‍We do not guarantee the Platform will be secure, uninterrupted, or error-free. You assume full responsibility for using the Platform.
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3. Third-Party Links
   ‍We may include links to third-party services or websites for convenience (“External Services”). We have no control over and assume no responsibility for the content or practices of External Services. You agree to use the External Services at your soal risk. UP is not responsible for examining or evaluating the content or accuracy of any third-party External Service and shall not be liable for any such third-party External Service.
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4. User-Generated Content
   ‍You acknowledge that any content uploaded by users is solely the responsibility of the user who posted it. We do not endorse, verify, or guarantee the accuracy of user content.

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9. Limitation of Liability

1. Exclusion of Damages
   TO THE FULLEST EXTENT PERMITTED BY LAW, WE3 Group, Inc (DBA: UP, Inc), ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, OR LICENSORS (THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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2. Total Liability
   ‍BECAUSE CREATORS DO NOT PAY A FEE TO USE THE PLATFORM, IN NO EVENT SHALL UP’s AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID TO UP (IF ANY) IN THE PAST TWELVE (12) MONTHS, WHICHEVER IS GREATER. IF YOU HAVE NOT PAID ANY AMOUNT IN THE PAST TWELVE (12) MONTHS, THE US $100 LIMIT APPLIES. NOTE THE AMOUNT PAID TO UP FOR THE AFOREMENTIONED LIABILITY CALCULATION DOES NOT INCLUDE ANY REVENUE SHARING.

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3. Jurisdictional Restrictions
   Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply.

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10. Indemnification

You agree to indemnify, defend, and hold harmless WE3 Group, Inc (DBA: UP, Inc), its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Platform
• Your breach of these Terms
• Any content you upload that violates the rights of a third party

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11. Termination of Service

1. Termination by Us: We may suspend or terminate your account if you violate these Terms or if we believe your conduct risks harm to other users or the Platform.

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2. Termination by You: You may delete or deactivate your account at any time. We may retain copies of your content for backup, archival, or audit purposes, but will not publicly display it post-termination.

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12. Changes to the Terms

We may update or revise these Terms at our discretion. When we do, we will post the updated Terms and update the “Last Updated” date. Your continued use of the Platform after any changes become effective indicates your acceptance of those changes.

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13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or related to these Terms or the Platform shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware and you consent to their jurisdiction. You hereby waive your right to a jury trial. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

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14. Contact Information

If you have questions about these Terms, please contact us at:

• Email: support@upapp.us

• Mailing Address: 600 North Broad Street, Suite 5, Middletown, Delaware 19709