[terms] :play_by_the_rules
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes.
If you do not agree to any modifications, you should terminate your use of the Service.
Your continued use of the Service now, or following the posting of notice of any changes
in this Agreement, will constitute a binding acceptance by you of this Agreement,
or any subsequent modifications.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions
established by us from time to time, in our sole discretion. We may alter, suspend
or discontinue any aspect of the Service at any time, including the availability of any
Service feature, database or content. We may also impose limits on certain features
and aspects of the Service or restrict your access to parts or all of the Service without
notice or liability.
ADULT
You represent, warrant and covenant that you are at least 18 years old.
CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or otherwise make
available via the Service. You understand that UpHook does not control,
and is not responsible for Content made available through the Service, and
that by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the UpHook site and Content available through the Service may contain
links to other websites, which are completely independent of UpHook.
UpHook makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. 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
UpHook 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, emailed or
otherwise made available via the Service. You acknowledge that UpHook
does not pre-screen or approve Content, but that UpHook shall have the
right (but not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service, for violating the
letter or spirit of the Terms or for any other reason.
LIMITATION OF LIABILITY
By using this site, you expressly agree that such use is at your sole risk.
We endeavor to provide service of the highest quality, but we cannot
guarantee that our service will be timely, secure, uninterrupted or error-free.
We are not responsible for claims brought by third parties arising from your
use of UpHook.
UPHOOK AND ITS AFFILIATES PROVIDE THIS SITE AND ITS CONTENTS ON
AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR
ITS OPERATION, CONTENTS, OR PRODUCTS. WE DO NOT REPRESENT
OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE,
CURRENT, OR COMPLETE, AND WE DISCLAIM ANY AND ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW.
IN NO EVENT SHALL UPHOOK OR ITS AFFILIATES BE LIABLE TO YOU OR ANY
OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE,
FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE
OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR
ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE,
THIS SITE, EVEN IF UPHOOK OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
BY USING UPHOOK , YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY
MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH
UPHOOK. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT
SHALL THE TOTAL LIABILITY OF UPHOOK OR ITS AFFILIATES TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE
HUNDRED DOLLARS ($100.00).
Any current or future links to other sites are provided as a convenience only, and we assume
no responsibility or liability for the contents of those other sites, or any products or services
advertised or sold on those sites.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure
that they conform to the content guidelines which may be applicable from time to time.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other material posted or sent by users
of the Service, and are not responsible for any content of these messages or materials, we
reserve the right, but are not obligated, to delete, move, or edit messages or materials, including
without limitation profiles, public postings and messages, that we, in our sole discretion, deem to
violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise
unacceptable. You shall remain solely responsible for the content of profiles, public postings,
messages and other materials you may upload to the Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service
at any time, with or without notice, for any reason, including, without limitation, breach of this
Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet
by others may be grounds for termination of your access to all or part of the Service at our sole
discretion, and you may be referred to appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and our users. We
assert full copyright protection in the Service. Information posted by us, our partners or users
of the Service may be protected whether or not it is identified as proprietary to us or to them.
You agree not to modify, copy or distribute any such information in any manner whatsoever
without having first received the express permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of
the cause of the interruption or suspension.
SECURITY
Your account is private and should not be used by anyone else. You are responsible for all
usage or activity on the Service by users using your password, including but not limited to
use of your edit link by any third party.
EXTERNAL LINKS
The Service may from time to time contain links to other Internet sites and resources
("External Links"). You acknowledge that we are not responsible for, and have no liability
as a result of, the availability of External Links or their contents. We suggest that you
review the terms of use and privacy statement of such External Links prior to use of them.
INDEMNITY
You agree to indemnify us, our officers, directors, employees and agents, from any loss
or damages, including without limitation reasonable legal fees, which we may suffer from
your activities on or use of the Service, including without limitation any breach by you of
this Agreement or any charges or complaints made by other parties against you. You shall
cooperate as fully as reasonably required in the defense of any claim. We reserve the right
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you; provided, however, that you shall remain liable for any such claim.
NO WARRANTIES
The Service is distributed on an "as is" basis. We do not warrant that this Service will
be uninterrupted or error-free. There may be delays, omissions, and interruptions in
the availability of the Service. Where permitted by law, you acknowledge that the Service
is provided without any warranties of any kind whatsoever, either express or implied,
including but not limited to the implied warranties of merchantability and fitness for a
particular purpose. You acknowledge that use of the Service is at your own risk. We do
not represent or endorse the accuracy or reliability of any member profile, advice, opinion,
statement or other information displayed, uploaded or distributed through the Service by
UpHook, our partners or any user of the Service or any other person or entity. You
acknowledge that any reliance upon any such opinion, member profile, advice, statement
or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement
or other information displayed, uploaded or distributed through the Service by UpHook or any
user of the Service or any other service. Your continued use of the Service now, or following
the posting of notice of any changes in this Agreement, will constitute a binding acceptance
by you of this Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes
or additions to the Service, or of any UpHook related products and services. We reserve the right
to disclose information about your usage of the Service and demographics in forms that do not
reveal your personal identity.