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Uprysing Terms of Service

Uprysing Terms of Service

Last Update: 5/31/2017

Please read the following Terms of Service carefully.  They govern your use of The Uprysing Company’s (“Uprysing,” “we,” “us,” “our”) site, uprysing.com (the “Site”).  By accessing, viewing, downloading, or otherwise, viewing, downloading or otherwise using this Site or any webpage or service available via this Site, you (the “User”) acknowledge and agree to be bound by the following terms and conditions.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.  If you do not agree to abide by these or any future Terms of Service, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (or continue to use or access) the Site, OR VIEW, DOWNLOAD, OR OTHERWISE USE ANY UPRYSING WEBPAGE, INFORMATION OR SERVICES.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Intellectual Property Notices

Except for User Content (defined below), all content on the Site, including the text, logos, and other graphics (collectively, the “Site Content”) is the intellectual property of Uprysing.  The Site Content available on this Site are protected by trademark, trade dress, copyright, and other laws of the U.S.  The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Uprysing.  You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records.  Uprysing reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Uprysing.

To the extent users or content providers post their own content on the Site pursuant to the terms of these Terms of Service, such parties retain the copyright in such material, but they are deemed to have given Uprysing a license to the material sufficient for the purposes of operating the Site, which means Uprysing can copy the material for backup and archival purposes, display it on the Site, use for targeted in site and social media advertising and/or lead generation, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the Site. This license is perpetual, irrevocable worldwide, royalty-free, transferable as part of any transfer of the Site in whole or in part, and fully-paid up.  Uprysing also has the right to remove, at its sole discretion, any user or content provider content from the Site at any time for any purpose, without any notice, and without any liability.

The services provided by Uprysing through the Site require the use of potentially copyrightable material such as photographs, video recordings, audio recordings, works of art, and works of authorship.  Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to if they have a good-faith belief that their protected works are being infringed.  We will respond to all such notifications that are sent via surface mail, courier, or fax to:

UPRYSING

Attn: Jeffrey Brown

9347 E. Pendleton Pike

Indianapolis, IN 46236

Fax: 317-612-3234

 

Please write: “Infringing Content” on the envelope or cover sheet to speed up processing of your request.  To be effective, your notification to us must be in writing and include:

 

  1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of such notification, we shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material.  After we remove or disable access to such material, we will notify the user who posted such material.  The user may then provide our designated agent proper “counter-notification” stating his or her authority to post the allegedly infringing material, which we will forward to the alleged copyright owner.

 

An effective counter-notification must be sent via surface mail, courier, or fax to our agent designated above.  The counter-notification must be in writing and include the following information:

 

  1. The individual’s name, address, and telephone number;
  2. The individual’s physical signature;
  3. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  4. A statement, under penalty of perjury, that the individual has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  5. A statement that the individual consents to the jurisdiction of the United States District Court in his or her district, or if the individual resides in a foreign country, that he or she consents to jurisdiction in any United States District Court where Uprysing is subject to jurisdiction, and that the individual will accept service if process originates from the alleged copyright owner who provided us with notification, or from an agent of such a person.

 

  1. Service Eligibility

You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from the Site; (c) are not a direct competitor of Uprysing; (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site is at your own risk.  The Site Content may not be appropriate or functional for use outside the United States of America.  Users located outside the United States use the Site understanding this limitation.

  1. General Terms and Conditions

You must provide correct and complete personal and business information as requested by us in the Site registration process.  As part of your use of the Site, you may be permitted to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”).  By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.

Uprysing exercises no control over any content you or others submit while using the Site.  While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site.  Uprysing has no obligation to verify the identity of any Users when they are connected to the Site or to supervise the content which has been provided by Users.  We may update our policies and practices from time to time at our sole discretion.  Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Uprysing by contacting us at support@uprysing.com.

You are responsible for the security of your password and user ID.  Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account until you notify us of a breach (by contacting us at support@uprysing.com), close down your account, or prove that your account security was compromised due to a fault of our systems.

There is no fee to visit the Site.  However, a fee may be required in order to post certain User Content on the Site.  You also must have a valid PayPal account in order to post certain User Content on the Site.  Please note that payments sent and received through PayPal are subject to all terms, conditions, policies, and fees that are established by PayPal.  Please refer to www.paypal.com for more information.  Uprysing is not responsible or liable in any way for any payments sent and received through PayPal or for any transaction processed by PayPal.

You are prohibited from selling, trading or otherwise transferring your account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the Site, or any information therein.

You are prohibited from registering or creating an account for any entity or individual other than yourself, unless you are expressly authorized to create accounts on behalf of the entity or individual.

Prohibited Conduct

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other Users, or any content from the Site.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any User’s or Uprysing employee’s computer or other medium used to access the Site.
  • Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive.  Uprysing reserves the sole discretion to determine the nature of the material.
  • Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
  • Modify the information, including headers, found on the Site.
  • Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
  • Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that Uprysing determines is detrimental to the use and enjoyment of the Site.
  • Use the Site for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Cancellation & Refund Policy

You may cancel your registration to the Site and all other products, services and tools that we offer by notifying us in writing at support@uprysing.com.  Your cancellation will be effective within 3 business days of notice.  You are responsible for all fees incurred up to and including the date of cancellation (if any), including the 3-day delayed effective cancellation date.  In no event will cancellation require Uprysing to refund fees already paid to Uprysing, if any.

You acknowledge and agree that we may send you information and notices regarding our services by email or through other means.  You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.  You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Uprysing, its Users and the public.

  1. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UPRYSING AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO UPRYSING (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY).  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

  1. DISCLAIMER OF WARRANTIES

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE, AND THE SITE CONTENT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.  THE SITE, INCLUDING THE INFORMATION AND UPRYSING SERVICES (AS DEFINED ABOVE) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.  UPRYSING DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  UPRYSING MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR SERVICES.

UPRYSING MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.  IN PARTICULAR, THE SITE’S OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS.  UPRYSING DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.  FURTHERMORE, UPRYSING DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

UPRYSING IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.  IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.  ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

UPRYSING DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE OR ITS SERVICES BY OTHER USERS; THEREFORE, UPRYSING DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF THE SITE.

Uprysing does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of our site.  Uprysing, in our sole discretion, may interrupt the availability, accessibility, or usability of our Services, without notice, at any time, without any liability.

  1. LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, UPRYSING IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF UPRYSING HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

  1. Termination of Service

We reserve the right, at our sole discretion, to terminate any and all service provided to you at any time without notice for any reason.  We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability.  We reserve the right, at our sole discretion, to terminate services to you, and to deactivate your account.  We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.  No refunds will be granted to you if we terminate your account.  You agree that any material breach of this Agreement will result in irreparable harm to Uprysing for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Uprysing will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.  You waive any requirement for the posting of a bond or other security if Uprysing seeks such an injunction.

  1. Advertisements and Promotions

Uprysing may run advertisements and promotions from third parties on the Site.  Your correspondence or business dealings with, or participation in promotions of, advertisers other than Uprysing found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  Uprysing is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Uprysing advertisers on the Site.

  1. Third Party Content

You may find links to other Internet sites or resources on the Site.  You acknowledge and agree that Uprysing is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products, or other materials on or available from such sites or resources.  Uprysing will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.

  1. Use of Third Party Applications

From time to time, Uprysing uses third party applications, hardware, software, and services in providing functionality to you.  For the purposes of providing such functionality to you, Uprysing will pass data, which may including but is not necessarily limited to user login credentials, contact data, email addresses, and other stored information, to third parties.  Uprysing is not required to disclose third parties involved in any of the above described transactions or features.

  1. Controlling Law

Indiana law and controlling U.S. federal law govern any action related to the Terms of Service and/or your use of the Site.  Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Service.  You and Uprysing agree to submit to the personal and exclusive jurisdiction of the courts located within Marion County, Indiana, U.S.A.

  1. Entire Agreement

This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters.  If any provision of the Terms of Service is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Service will remain in full force and effect.