Updated October 12, 2020
For purposes of this document “Company” is defined as “UP Entertainment, LLC,” along with its subsidiaries, affiliates, successors and assigns.
By accessing, browsing and/or using the Site(s) and the Services, you consent to receiving electronic communications from Company to the fullest extent permitted by applicable law. You agree that all notices, agreements, disclosures, and other communications that are sent to you electronically by Company shall satisfy any and all legal requirements that such communications be in writing.
1. Copyright. All Site materials (excluding User Content), including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (collectively, the “Materials”) are owned or otherwise under the control of Company, and Company reserves all rights therein.
2. Trademarks. The trademarks and/or trade dress, service marks, trade names, and logos (excluding those contained in User Content) (the “Marks”) used and displayed on the Site(s) are registered and unregistered trademarks of Company, its suppliers or other third-parties. In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the owner of the Mark(s) at issue. Nothing on the Site(s) shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site(s), without the express written permission of Company or the owner of the Mark(s) at issue. The misuse of the Trademarks displayed on the Site(s) is strictly prohibited.
3. Company Materials. The Site(s), the Materials, the Trademarks, the Services, including, without limitation, any of Company’s or its licensor’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the Company, its suppliers or other third-parties.
4. Content. You understand that all postings, comments, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site(s) or otherwise provided to or submitted to Company (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that Company may not control, and is therefore not responsible for, Content made available through the Site(s), and that by using the Site(s), you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by users of the Site(s), are those of the respective author(s) or distributor(s) and not of Company. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site(s).
7. License Restrictions. You acknowledge and agree that you do not acquire any ownership rights by using the Site(s), the Services, the Marks or the Materials. You may not: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site(s) for commercial use, or otherwise, without the prior written approval of Company, (c) “frame” or “mirror” any Materials contained on the Site(s) on any other server without the prior written permission from Company, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Site(s), Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, or (g) delete or write over any portion of any software relating in any manner to the Site(s) or the Services. You also agree that you shall only use the Site(s), the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of the Site(s), the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of the Site(s) and the Services shall not violate or infringe the rights of any third-party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on the Site(s) may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Company reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
8. Additional Use Restrictions. You may only use the Site(s), the Services, the Marks and the Materials in a manner that, in Company’s sole judgment, is consistent with the intended purposes thereof. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at [email protected]. By way of example, and not limitation, you agree not to:
a. Use the Site(s) for any commercial purpose.
b. Use this Site(s) or the Services if you are temporarily or indefinitely suspended from the Site(s).
c. Access, or attempt to access, other areas of the Company computer system or other computer systems through the Site(s) for any purposes.
d. Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site(s) or the content contained thereon without Company’s prior, express, and written permission.
e. Use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site(s) or take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
f. Upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or any other Content that could give rise to any civil or criminal liability under both domestic and international law. Pornography and merchandising related to pornography are prohibited under all Services, including providing links to pornographic content elsewhere.
g. Harm, or attempt to harm, minors in any way.
h. Impersonate any person, including, but not limited to, the Site(s) owner, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person.
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
j. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
k. Upload, post, email or otherwise transmit any Content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
l. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
m. Upload, post, email or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
n. Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
o. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.
p. Effectuate security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
q. Harvest or collect information about other Site users without their express consent.
r. Restrict or inhibit any other visitor from using the Site(s), including, without limitation, by means of “hacking” or defacing any portion of the Site(s).
s. Express or imply that any statements you make are endorsed by Company without Company’s prior written consent.
u. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization.
10. Hyperlinks. Links to third-party sites on the Site(s) are provided solely as convenience to you. If you use these links, you will leave the Site(s). Company has not reviewed all of these third-party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site(s), you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such third-party sites.
11. Downloadable Materials. Any Materials that are made available to download from the Site(s) are the copyrighted work of Company and/or its or suppliers or other third-parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
12. Your Information. You agree to (i) provide true, accurate, current and complete transactional information and any information about you and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. You agree to update such information by notifying Company by email of any changes at [email protected].
13. Notices. Unless otherwise provided herein, notices given by Company to you will be given by email or by conventional mail. Notices will be sent to the email address or mailing address you provide to Company as part of the registration process, or to an updated address that you provide to Company via notice consistent with this section. Notices given by you to Company must be given by email to [email protected] or such updated address(es) as Company may provide to you consistent with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notices sent to the email or conventional mailing address last provided by you to Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
14. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Company is done so at your own risk.
16. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICES AND THE SITE(S) IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE(S), INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF COMPANY (COLLECTIVELY, “COMPANY THIRD-PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND COMPANY THIRD-PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER COMPANY NOR ANY COMPANY THIRD-PARTIES MAKE ANY WARRANTY THAT THE SITE(S), THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO COMPANY OR ANY COMPANY THIRD-PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THE SITE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE(S) AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. Force Majeure. Company shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site(s).
20. No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your user ID, or any Content or other materials within your account, terminate upon your death.
21. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. Company respects the intellectual property of others, and we ask our Users to do the same. Company will promptly remove materials from the Site(s) in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the DMCA by providing the Company Copyright Agent with the following information in writing:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. identification of the copyrighted work(s) or other intellectual property that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company Copyright Agent may be reached for notice of claims of copyright or other intellectual property infringement as follows:
UP Entertainment, LLC
2077 Convention Center Concourse, Suite 300
Atlanta, Georgia 30337
Attn: Copyright Agent
E-Mail: [email protected]
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed by mistake or misidentification, you may send a counter-notice to Company Copyright Agent, containing the following information:
a. Your physical or electronic signature;
b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c. A statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification;
d. Your name, address, telephone number, and e-mail address; and
e. A statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
If a counter-notice is received by Company Copyright Agent, Company may send a copy of the counter-notice to the original complainant informing that person that Company may restore the removed Content or cease disabling it in X business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be restored, at Company’s sole discretion.
23. Governing Law. The Terms shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of laws provisions. You irrevocably and unconditionally: (a) consent to submit to the exclusive jurisdiction of the state and federal courts of Fulton County, Georgia (the “Georgia Courts”) for any litigation or controversy arising out of or relating to the Terms, (b) agree not to commence any litigation arising out of or relating to the Terms except in the Georgia Courts and (c) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.