Upland

XStacks Terms of Service

Twitter-native casual game by Upland

Terms of Service for XStacks

Effective Date: January 29, 2025

Disclaimer of Affiliation and Endorsement

A. Independent Operation

XStacks is developed and operated by UplandMe, Inc. ("UplandMe," "we," "us," or "our") and is not endorsed, sponsored, or officially affiliated with X (formerly Twitter).

B. Use of X Developer Tools

While XStacks utilizes X's developer tools and APIs in accordance with X's Developer Guidelines, there exists no formal partnership, endorsement, or affiliation between UplandMe, Inc. and X. All integrations with X are solely for the purpose of enhancing game functionality and user experience.

C. No Implication of Endorsement

Any reference to X within XStacks, including logos, trademarks, or mentions of X's services, is intended purely for integration and does not imply endorsement, sponsorship, or any official relationship. Users should not interpret these references as an indication that X supports or is associated with XStacks beyond the technical integration.

D. Compliance with X's Policies

UplandMe ensures that all uses of X's developer tools and content comply fully with X's Developer Agreement and Developer Policy. XStacks abides by all relevant terms to maintain the integrity and legality of its operations.

E. No Warranty of Endorsement

XStacks provides no warranties or guarantees regarding any form of endorsement or partnership with X. Any claims or representations to the contrary are false and should not be trusted.

1. Introduction

Welcome to XStacks, the first Twitter-native game developed and owned by UplandMe, Inc. ("UplandMe," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of XStacks ("Game"), including any content, functionality, and services offered on or through the Game. By accessing or using the Game, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Game.

2. Ownership and Intellectual Property

XStacks is owned and operated by UplandMe, Inc. All rights, title, and interest in and to the Game, including all intellectual property rights, are and will remain the exclusive property of UplandMe. You are granted a limited, non-exclusive, non-transferable license to use the Game in accordance with these Terms.

3. Compliance with X's Terms of Service

By using XStacks, you agree to comply with all applicable terms, policies, and guidelines of X (formerly known as Twitter) ("X"), including but not limited to X's Terms of Service and Developer Policies. It is your responsibility to review and understand X's policies as they may impact your use of the Game.

4. Eligibility

You must be at least 18 years old to use XStacks. By using the Game, you represent and warrant that you meet all eligibility requirements. You also agree to provide accurate, current, and complete information when creating an account and to update such information as necessary.

5. Disallowed Jurisdictions

You may not participate in any airdrop or receive any $SPARKLET tokens if you are located in or a resident of any of the following jurisdictions or any other jurisdiction that is subject to sanctions or restrictions by the United States of America, the European Union, or any other applicable governmental authority:

  • Cuba

  • Iran

  • North Korea

  • Syria

  • Crimea region of Ukraine

  • Any other country or territory subject to sanctions or listed on any government-provided restricted or prohibited party lists, including but not limited to the United Nations Security Council, the U.S. Department of the Treasury's Specially Designated Nationals (SDN) List, the European Union's Consolidated List, and other similar lists.

By accessing or using the Game from any disallowed jurisdiction, you represent and warrant that you are not a citizen, resident, or otherwise located in any of the aforementioned jurisdictions.

6. Account Registration and Security

To access certain features of the Game, you may be required to create an Upland account. You agree to:

  • Provide accurate and complete information during registration.

  • Maintain the confidentiality of your account credentials.

  • Notify us immediately of any unauthorized use of your account.

UplandMe reserves the right to suspend or terminate your account at our sole discretion, without notice, for violations of these Terms or any applicable laws.

7. Permissions and Twitter Integration

By using XStacks, you grant us permission to connect to your Twitter account and post on your behalf regarding your XStacks progress. This includes sharing achievements, updates, and other related content as part of the Game's social features. You retain ownership of your Twitter account and content, and you can revoke this permission at any time through your Twitter account settings.

8. $SPARKLET Utility Token

  • Airdrop Discretion: The distribution of $SPARKLET tokens is entirely at the discretion of UplandMe. Tokens may be distributed within the Upland platform or directly to an EVM-compatible wallet. Participation in certain distributions may require Know Your Customer (KYC) verification.

  • Utility Token: $SPARKLET is a utility token intended for use within the XStacks Game and the Upland ecosystem. It is not a security and does not grant any ownership rights or entitlements to profits or dividends.

  • No Guarantee of Value: $SPARKLET tokens have no guaranteed monetary value and are subject to market fluctuations. UplandMe is not liable for any changes in the value of $SPARKLET tokens.

9. Purchasing Passes and Unlimited Access

  • Premium Pass: Purchasing a premium pass grants you unlimited access to play XStacks.

  • Alternative Access: Alternatively, holding a minimum of 150 $SPARKLET tokens in a MetaMask wallet connected to the Game also provides unlimited access. We will only read your wallet to make sure 150 $SPARKLET tokens are owned. We will not send any token transfer or token payment requests.

  • No Refunds: All purchases are final, and UplandMe does not offer refunds for passes or token holdings.

10. $SPARKLET Airdrop Terms

  • Eligibility: Participation in $SPARKLET airdrops is subject to eligibility criteria determined by UplandMe.

  • Redemption: Airdropped $SPARKLET tokens may be redeemed within the Upland platform or transferred to your EVM-compatible wallet. The distribution method will be announced at a later date and is solely at the discretion of UplandMe.

11. User Content and Assets

  • Creation and Sharing: Users are free to create and share videos, GIFs, and other content related to XStacks on X. You may use assets provided by UplandMe, accessible here.

  • Ownership: By creating content, you retain ownership of your original works but grant UplandMe a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your content as part of the Game's promotional activities.

  • Compliance: All user-generated content must comply with these Terms, UplandMe's ToS, Privacy Policy, and X's policies.

12. General Prohibitions and User Conduct

You agree not to:

  • Violate any applicable laws or regulations.

  • Create multiple accounts or transfer your account to others.

  • Use bots or automated systems to interact with the Game.

  • Attempt to reverse engineer or disrupt the Game's functionality.

  • Post offensive, defamatory, or infringing content.

  • Engage in fraudulent or manipulative activities, including exploiting $SPARKLET distributions.

13. Dispute Resolution

A. Mediation Before Arbitration

Before initiating arbitration, you and UplandMe agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Game through non-binding mediation. You may contact us at legal@upland.me to initiate mediation.

B. Arbitration Details

If mediation does not resolve the dispute within sixty (60) days, the dispute shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The arbitration shall be conducted by a single neutral arbitrator selected by the American Arbitration Association (AAA) or a similar arbitration service agreed upon by both parties.

  • Location: The arbitration proceedings shall take place in Santa Clara County, California, USA, unless otherwise mutually agreed upon by the parties.

  • Arbitration Rules: The arbitration will be conducted under the rules of the AAA's Comprehensive Arbitration Rules and Procedures.

  • Selection of Arbitrator: The arbitrator shall be selected from the AAA's panel of arbitrators with expertise in digital platforms and blockchain technology.

  • Costs: Each party shall bear its own costs and attorney fees, and equally share the arbitrator’s fees and administrative costs, unless otherwise determined by the arbitrator.

  • Final and Binding: The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

C. Class Action/Jury Trial Waiver

You and UplandMe agree that any arbitration shall be conducted solely on an individual basis and not as a class action or representative proceeding. You waive your right to participate in a class action lawsuit or class-wide arbitration against UplandMe.

14. Limitation of Liability

UplandMe shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Game. Our total liability to you for any claims under these Terms shall not exceed $100.

15. Disclaimers

The Game is provided "as is" and "as available" without any warranties of any kind. UplandMe disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Privacy and Data Protection

By using XStacks, you agree to UplandMe's ToS and Privacy Policy, which outlines how we collect, use, and protect your personal information. Your use of the Game also implies compliance with X's Privacy Policy and Terms of Service regarding data protection and privacy.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California, for the resolution of any disputes.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

19. Force Majeure

UplandMe shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental regulations.

20. Modifications to the Terms

UplandMe reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Game after such changes constitutes your acceptance of the new Terms. Significant changes will be communicated via email or through notices on the Game.

21. Contact Information

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

Email: support@upland.me

22. Acknowledgment

By using XStacks, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable policies.

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