Last updated October 26th, 2016
CUPS Marketing Services Terms of Service
THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH URBAN CUPS INC. OFFERS YOU ACCESS TO THE MARKETING SERVICES WEBSITE.
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Urban Cups Inc. (“cups”, “we”, “us” or “our”), a Delaware corporation governing your use of the CUPS Marketing Service website
1. Modifications to the Agreement
We reserve the right to modify the terms and conditions of this agreement at any time, effective upon emailing the posted amended terms to the agreement. Continued use of the Marketing Services shall constitute your consent to such changes. If you do not agree to any such changes, you may not use or access any of the Marketing Services.
2. General Provisions
CUPS is the creator of a platform that offers Marketing Services for locations (including but not limited to: coffee shops and restaurants). The CUPS web application “Marketing Services” is a place where the aforementioned locations may request any number of services and products. The role of CUPS is limited to fulfilling those services and offering products.
The Marketing Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Marketing Services are not available to children (persons under the age of 18).
4.1 The Service Requester is responsible to pay for the services they choose at checkout.
4.2. Cost: Cost is per service and listed on the Marketing Services Website. CUPS, at its discretion can change prices at any time.
4.3 Facilitation of Payment: All charges are facilitated through a third-party payment processing service. Cash and check payments are prohibited. Payments must be made by a pre-authorized credit or debit card.
4.4 Promotions: CUPS, at its discretion, may make available promotions at any time.
5. Specific Products
5.1 Photography service
5.1.1 All photos taken in a space including people will ensure that meet the minimum requirements related to a person’s “reasonable expectation of privacy”.
5.1.2 CUPS and CUPS photographers will commit to deliver a specified number of photographs to you (based on the package selected). CUPS will deliver a selection of photographs that fit into the categories of interior/exterior/space/beverage - but is not bound to deliver any specific number from any of the categories
5.1.3 The completion of a job booked will fall within 10 business days after you complete a booking request. A booking request is only complete when payment has been made by you for a photograph job.
126.96.36.199 In the instance that you are not reasonably able to schedule a time with CUPS for a photographer within the 10 days, the time for delivery may be extended. It is to the discretion of CUPS to determine what is and is not reasonable in this case.
5.1.4 The rights of the photos purchased will be dual owned by both CUPS and you. Both parties will hold the rights to the photos and use the images however it is seen fit. The only limitations placed onto you regarding rights are the rights for resale.
5.1.5 In the event that you are unhappy with the quality of the photographs delivered, you may receive a refund for the total amount paid.
188.8.131.52 The request for a refund must be made withing 48 hours of receiving the photographs.
184.108.40.206 If a refund is given, the photographs are the sole property of CUPS and are not available for your use in any way.
5.2 App Marketing
5.2.1 For all App Marketing orders, we will send texts for you to look over within 5 business days. We will make a reasonable effort to make sure you see this and give feedback, but if you do not respond by the given deadline, we reserve the right to send without any feedback.
5.2.2 We guarantee that we will put your message in front of at least 500 users, but make no guarantees about those customers taking action based on our efforts.
5.2.3 We will send your message on the platforms mentioned for the package you selected, including some or all of the following: in-app messages in the CUPS App, emails, mobile push notifications, and social media (Twitter, Instagram, and/or Facebook)
5.2.4 If you select to offer free drinks to our users, you are expected to cover the cost of said drinks.
5.2.5 We make no guarantees as to the amount of business you will receive as a result of this promotion, nor the number of people who will come if you choose to offer free coffee.
5.2.6 CUPS’ reach is limited to the users who have signed up for the service, and as such, it is possible that there are not enough users in the area around your shop to provide the service you requested. If this is the case, we will give you a refund within 3 business days of your order being placed.
5.2.7 We reserve the right to refuse orders placed through this platform, at our sole discretion, and will grant refunds within 3 business days of the order being placed in such cases.
5.3 Online Presence
5.3.1 When you order this product, we will reach out with a form to fill out with your credentials on the included platforms. Without this information, we cannot deliver this product to you. Once we receive your credentials, we will deliver your finished profiles within 10 business days.
5.3.2 Once we send the final product to you, you are entitled to one round of reasonable changes from our team, with what is reasonable being at the CUPS team’s sole discretion. After that, the responsibility to make any further changes to the profiles falls to you.
5.3.4 Included with the delivery of your final product, we will include a PDF of social media best practices. These are our opinions and do not guarantee any specific result.
5.3.5 While we stand behind the quality of this product, we make no guarantees as to the results, with regards to social media following increase or any other metric. We will not grant refunds based on the fact that you don’t feel your page has performed.
5.3.6 If we don’t have photos of your shop and you don’t provide any, we reserve the right to use generic ones from our database. We will make a reasonable effort to get photos from you before resorting to this.
6. Your information
Your information is any information you provide, publish or post through communications with any representative at CUPS. You consent to us using this information to create a User account that will allow you to participate in our Services. All relevant information will not be passed on outside of CUPS, except in the case that it is required or requested in the use of this product.
The following disclaimers are made on behalf of CUPS, our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Marketing Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of an of the Marketing Services available.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Marketing Services and participation in the Services including:
i. your breach of this Agreement or the documents it incorporates by reference;
ii. your violation of any law or the rights of a third party, including without limitation; photographers, customers, other workers, as a result of your own interaction with such third party.
iii. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
9. Limitation of Liability
In no event will we, our affiliates, or any of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages arising out of or in connection with the Marketing Services offered, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including but not limited to physical damages, bodily injury, death and/or emotional stress and discomfort), even if we or our agents or representatives know or have been advised of the possibility of such damages.
10. Term and Termination
An agreement is effective upon making a purchase on the site.
You may discontinue use of the Marketing Services or participation in the Services at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Snapchat Coffee Filter Platform to any User for any reason not prohibited by law.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CUPS, in our sole discretion in accordance with the “Notices” section of this Agreement. This Agreement sets for the entire understanding and agreement between you and CUPS with respect to the matter hereof.