UpContent by Community Elf, LLC (“UpContent”, or “we”) provides our users the ability to take immediate action on content you care about--not just monitoring brand mentions, but driving new, more meaningful conversations. The services offered by UpContent include our software (including any updates, new versions or new releases thereof), including, but not limited to, our website located at upcontent.com (“Site”) and any other services offered by UpContent in connection with the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any third-party service you may interact with via the Services.
The Site, Services and UpContent Content are intended solely for persons who are 13 or older. Any access to or use of the Site, Services and UpContent Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and UpContent Content you represent and warrant that you are 13 or older.
You agree to provide accurate, current and complete information to UpContent in connection with your use of the Site and Services. You will immediately notify UpContent of any unauthorized use and you will not use UpContent to access or use third party services to which you do not have the right to access. UpContent reserves the right to suspend or terminate your access to the Site and Services if any information provided to UpContent in connection with your use of the Site and Services proves to be inaccurate, not current or incomplete.
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via UpContent. By using UpContent to find material on the Internet, you instruct UpContent to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and UpContent disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content (defined below) via UpContent. You acknowledge and agree that UpContent: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by UpContent of Third Party Materials or any such third party services.
Certain types of content are made available through the Site and Services. “UpContent Content” means UpContent proprietary content, including but not limited to, UpContent trademarks and logos, made available through the Site and Services, excluding Third Party Materials.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
UpContent respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), UpContent responds expeditiously to claims of copyright infringement.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright and you wish to send UpContent a notice of alleged copyright infringement, complete the following DMCA Notice of Alleged Infringement and deliver it to UpContent at email@example.com:
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of UpContent and you hereby irrevocably assign to UpContent and agree to irrevocably assign to UpContent all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At UpContent’s request and expense, you will execute documents and take such further acts as UpContent may reasonably request to assist UpContent to acquire, protect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following while using the Site, Services or UpContent Content:
THE SITE, SERVICES, UPCONTENT CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UPCONTENT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UpContent MAKES NO WARRANTY THAT THE SITE, SERVICES, UPCONTENT CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UpContent OR THROUGH THE SITE, SERVICES, UPCONTENT CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER UpContent NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR UpContent CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL.
IN NO EVENT WILL UPCONTENT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UpContent AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of UpContent used herein are trademarks or registered trademarks of UpContent. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.