About this App
This app is owned by Thank Tink llc, doing business as Curated Collectables.
My name is Sean and I created UPConnect to solve a problem in my own business. I sell toys and other cool collectibles under Curated Collectables. I wanted a better way to get my products listed and still own/manage the images, descriptions, and other data wherever possible. I also just wanted something easier that would save time and create better product listings. I hope it can help you too.
Let’s sell some stuff!
Information Collection and Use
During the use of our Service we may require you to share certain personal identifiable information, particularly during account creation. This app does use third party services that may collect information used to identify you during normal use. This information is not shared unless required for the functionality of the app during normal use.
Terms and Conditions
These Terms and Conditions govern your use of the UPConnect app and provide information about the UPConnect Service, outlined below. When you create an UPConnect account you agree to these terms.
UPConnect is a product of Thank Tink llc, therefore these Terms constitute an agreement between you and Thank Tink llc.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The UPConnect Service
We agree to provide you with the UPConnect Service. The Service includes all of the products, features, applications, services, technologies, and software that we provide to advance the UPConnect mission: Make it easier to sell products.
The Service is made up of the following aspects (the Service):
We develop tools to capture consumer product information for the purpose of selling online. While UPConnect enables selling on multiple Marketplaces, Websites, and Business Management platforms, we are not affiliated with these companies.
The UPConnect user is responsible for maintaining appropriate behaviours that are in compliance with the User Agreements where the products posted and sold.
The Data Policy
Providing this service requires collecting some information about you for the creation of an account. It also requires housing images/videos and other details about the products you are selling. All information supplied or added to your account may be accessed for the purpose of maintaining the UPConnect product. Your account data may also be accessed to enforce our own policies or applicable laws.
We do not share your account information, personal information or business and product information with third parties unless otherwise stated in this Policy.
You agree to the following in using UPConnect
We want our Service to be as open and awesome as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the UPConnect seller community.
- You must be at least 13 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You can't impersonate others or provide inaccurate information.
- You don't have to disclose your identity on UPConnect, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or our policies.
- You can't do anything to interfere with or impair the intended operation of the Service.
- You can't attempt to create accounts or access or collect information in unauthorized ways.
- This includes creating accounts or collecting information in an automated way without our express permission.
- You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
- You can't use other people’s private or confidential information or do anything that violates someone else's rights, including intellectual property.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it as described in the Data Policy.
You agree that we can download and install updates to the Service on your device.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- Content you delete may persist for a limited period of time in backup copies.
Our Agreement and What Happens if We Disagree.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
- Our Service is provided "as is," and we can't 100% guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Thank Tink llc ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other UPConnect users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
- The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
- This arbitration provision is governed by the Federal Arbitration Act.
- You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your UPConnect account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Thank Tink llc: 10606 West Providence Road, North Chesterfield VA 23236
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your UPConnect account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Thank Tink llc 10606 West Providence Road, North Chesterfield VA, 23236.. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your claim, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These 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.
Revised: October 25, 2019