Please read these Terms of Service (“Agreement” or “Terms of Service”) carefully before using www.upvibes.com (“the Site”) operated by UpVibes (“UpVibes”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.upvibes.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of UpVibes and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by UpVibes subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
We assume no responsibility regarding the accuracy of the Content and use of such Content is at your own risk. We provide no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, we do not grant any licenses to any copyrights, patents or any other intellectual property rights. You agree not to display or use any Content in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of UpVibes, in any other manner that is likely to cause confusion among consumers, that disparages or discredits UpVibes and/or its licensors, that dilutes the strength of UpVibes’s or its licensor’s property, or that otherwise infringes UpVibes’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content.
On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of comments) and other materials and content (“User Content”). Your posting of User Content is subject to these Terms and the following posting rules (“Posting Rules”). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated by UpVibes, or may otherwise have their access to the Site restricted by UpVibes. UpVibes is not responsible for any user generated content on the website and does not endorse the opinions of others whether by posts, rankings or reviews.
No Illegal, Infringing or Abusive Message Content or Conduct
You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to UpVibes about other users.
No Violations of Third Party Rights
You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of UpVibes. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
UpVibes respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in any way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please send the requested email@example.com.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, UpVibes will also terminate a User’s account if the User is determined to be an infringer.
No Commercial Use
This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by UpVibes, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
No Viruses, Corrupting Files, Interference, or Cheat Software
You agree that you will not post any software, files or links to other sites except as may be specifically permitted by UpVibes, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as “click fraud.”
You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility of Postings
You understand and acknowledge that User Content is solely your responsibility, and that UpVibes is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of UpVibes, and UpVibes does not endorse and has no control over User Content. User Content is not necessarily reviewed by UpVibes prior to posting and UpVibes makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices
Notwithstanding the foregoing, UpVibes does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Posting Rules or otherwise violates these Terms, you may send an emailto firstname.lastname@example.org.
Account Termination/No Ownership of Account
You understand and agree that you have no ownership rights in your Account. UpVibes may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if UpVibes deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. UpVibes assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account. You may request that your account be terminated by emailing such request to email@example.com. Removal may take up to thirty (30) days to be processed.
The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to UpVibes may be used by UpVibes anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below.
Ownership of Posted Content and License Thereto
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. UpVibes may delete any User Content that in the sole judgment of UpVibes violates these Terms or the Posting Rules.
Scope of License
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to UpVibes a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content (“User Content License”). This license will terminate at the time you remove your User Content from the Site.
You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
You agree to indemnify and hold UpVibes, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Fraudulent accounts may be terminated at UpVibes’s sole discretion and at any time by UpVibes without notice
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by UpVibes.
Representations, and Limitations of Liability
UpVibes makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. UpVibes makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UPVIBES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL UPVIBES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND UPVIBES’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL UPVIBES’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California in connection with any proceeding arising out of or relating to this Agreement or the Site.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Both you and UpVibes acknowledge and agree that no partnership is formed and neither of you nor UpVibes has the power or the authority to obligate or bind the other.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and UpVibes, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and UpVibes regarding the use of the Site and your Account.
To the extent permitted by law, you agree not to bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against UpVibes and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. This provision preventing you from bringing, joining or participating in class action lawsuits does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above.
If you have any questions about this Agreement, please contact us at: firstname.lastname@example.org