Uptime logo

Creators Terms and Conditions

CREATOR TERMS AND CONDITIONS

[As of 24 November 2022 ]

These Terms and Conditions (“Terms”) govern your relationship with Uptime App Ltd. (“Uptime”) as a creator (“Creator”) of hacks styled pursuant to Uptime’s guidelines (“Hacks”) and/or collections (collectively, “Creator Materials”) on the terms set forth below.

PLEASE NOTE THAT THE TEXT, VIDEOS AND OTHER SUPPORTING MATERIALS USED BY UPTIME MAY NOT BE APPROVED BY OR AFFILIATED WITH THE AUTHOR AND/OR CONTENT CREATOR/PUBLISHER.

Qualifying as a Creator

Uptime will be choosing certain people who meet our qualifications to become Creators.  Creator Materials will be published on the Uptime App and will potentially earn money for certain things, including referrals.  To qualify as a Creator, you must complete the following steps:

  1. Create an Uptime account;
  2. Apply online using Uptime’s application portal, which can found at www.uptime.app/creator or be selected by Uptime and submit information requested;
  3. Be at least 18 years old; and
  4. If accepted, use your Uptime account, which will give you access to specific tools, to set up your Creator profile and complete your first Hack.

Uptime reserves the right to admit and accept Creators its sole discretion and all eligibility requirements are subject to change. Uptime further reserves the right to reject or change a Creator’s proposed or current username for any reason, including to prevent misuse, username squatting, etc. By becoming a Creator, you agree to these Terms, as well as Uptime’s Terms and Conditions, Privacy Policy, Content Policies, Uptime License Agreement and all other policies that Uptime has or may adopt concerning published content (collectively, the “Uptime Terms”). 

Hack Requirements

As a Creator you hereby attest that you have sufficient rights to any materials you include in all Creator Materials you submit, including all text, visual and audio portions. You may be required to provide evidence of your rights regarding each such element.  You will also be subject to the Uptime Content Policies (“Policies”), which prohibit certain types of content, such as content intended to incite violence, etc.  The consequences for violating these Policies range from warnings to permanent account suspension so please review them carefully.

License Granted by Creator

All Creators retain their rights to any content submitted to Uptime.  By submitting a Hack to Uptime as a Creator, you agree to the Uptime License Agreement and grant Uptime a perpetual, non-exclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Uptime App or any other platform or forum used by Uptime. 

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Uptime, and our officers, directors, agents, partners and employees (individually and collectively, the “Uptime Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Uptime Parties of any third-party Claims, cooperate with Uptime Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Uptime Parties will have control of the defense or settlement, at Uptime’s sole option, of any third-party Claims.

Creator Tools and Hack Distribution

Once approved as a Creator, you will be given access to certain tools that will enable you to create and publish a Hack directly on Uptime without further review or approval. All published Hacks are immediately accessible and available to share (via the mobile app or by copying the link to your Hack on the Creator Tools available). Alongside being accessible via these links, your published Hacks will be available on your profile and user's own activity, such as history and saved Hacks.

Uptime also displays Hacks to its users via recommendations, notifications and emails, across its services, such as its websites and apps. Alongside algorithms, we have a team of human editors and curators looking for the best Hacks to share with our users, and their selections help inform our algorithms and recommendations relevant to each user. If your Hack is selected by our team, it will be distributed to more users and may also be featured in promotional areas across Uptime. The selection of what Hacks to further distribute and or feature is at Uptime's sole discretion.

The Editorial and Curation team is always looking for great quality content adhering to the Uptime format. To that end, they may give you feedback on how to improve your Hack so that it can be distributed further.

All Hacks remain subject to the Uptime Terms and if any Hack is found to contain copyrighted material not owned by the Creator, is in violation of Uptime’s Content Policies, or otherwise violates any of the Uptime Terms, Uptime may remove the Hack and without prior notice to the Creator.

Referral Opportunities 

As a Creator, you may also be eligible to receive commission for referrals of new users. For more information please consult the terms of Uptime’s Referral Program, which will be available <here> when the program is finalized. 

Termination

Uptime reserves the right to remove a Hack from the Uptime App in its sole discretion. Uptime further reserves the right (in its sole discretion) to disable a Creator’s account and/or ability to receive any Commission at any time for any reason, including but not limited to the failure to properly use the Tracking Code, violations of the Policies, and/or for violation of any Terms contained herein.

Miscellaneous

Uptime reserves the right to update these Terms from time to time by making a revised version available to you on the Uptime Services. Your continued use of the Uptime Services following any changes will mean that you accept such changes. It is your responsibility to check these Terms from time to time to verify such changes.  Uptime may similarly revise our Privacy Policy.

You shall have no right to vary these Terms without Uptime’s express prior written agreement.

Uptime may assign, novate or otherwise transfer any of its rights or obligations under these Terms to a purchaser of all or substantially all of our assets or business involved in the performance of these Terms, by giving you written notice including notice on the Uptime Services. You shall not assign, novate or transfer any of your rights or obligations under these Terms without Uptime’s prior written consent.

No one other than a party to these Terms has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any provision or part-provision of these Terms is held or made invalid, illegal or unenforceable by a court or legislative instrument, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Your use of the Uptime Services and any dispute arising out of such use is subject to the laws of England and Wales, and the English courts will have jurisdiction in any such matters.

Privacy

Uptime’s Privacy Policy can be found here.

Company Information

Uptime App Ltd. is registered in England and Wales, number 11587829, with its registered office at 1st Floor, The Glassmill, 1 Battersea Bridge Road, London SW11 3BZ.