1/
ACCEPTANCE
By using
and/or visiting the UPT-Forum website (collectively, including but not limited
to all Content, Uploads and User Submissions available through UPT-Forum ,
"UPT-Forum", the website) you agree to the terms and conditions
contained herein and the terms and conditions of UPT-Forum's privacy policy
incorporated herein, and all future amendments and modifications (collectively
referred to as the "Agreement"). By entering, you agree to be bound
by these terms and conditions. If you do not agree to be bound the terms and
conditions contained herein, then do not use UPT-Forum.
The terms
and conditions of this Agreement are subject to change by UPT-Forum at any time
in its sole discretion and you agree be bound by all modifications, changes
and/or revisions. If you do not accept to be bound by any and all
modifications, changes and/or revisions of this agreement, you many not use
UPT-Forum.
The terms
and conditions contained herein apply to all users of UPT-Forum whether a 'visitor'
or a 'member' and you are only authorized to use UPT-Forum if you agree to
abide by all applicable laws and be legally bound by the terms and conditions
of this Agreement.
2.
DESCRIPTION
The
UPT-Forum website allows for uploading, sharing and general viewing of various
types of content allowing registered and unregistered users to share and view
all forms of information and media, including but not limited to; tutorials,
ebooks, software, etc. In addition, UPT-Forum contains video content, information
and other materials posted/uploaded by users. UPT-Forum allows its users to
view the Content and Website subject to the terms and conditions of this
Agreement.
The
UPT-Forum website may also contain certain links to third party websites which
are in no way owned or controlled by UPT-Forum. UPT-Forum assumes no
responsibility for the content, privacy policies, practices of any and all
third party websites. UPT-Forum cannot censor or edit the content of third
party sites. You acknowledge that UPT-Forum will not be liable for any and all
liability arising for your use of any third-party website.
UPT-Forum
is for your personal use and shall not be used for any commercial endeavor
except those specifically endorsed or approved by UPT-Forum. Any illegal and/or
unauthorized use of UPT-Forum is prohibited including but not limited to
collecting usernames and e-mail addresses for sending unsolicited emails or
unauthorized framing or linking to the UPT-Forum website is prohibited.
3. ACCESS
In order
to use this website, you affirm that you will abide by all rules, our Terms of
Service and all applicable laws to where you reside.
4.
CONDUCT
You
acknowledge and agree that you shall be responsible for your own user
submissions and the consequences of posting, uploading, publishing transmitting
or other making them available on UPT-Forum. You agree that you shall not (nor
others using your account) post, upload, publish, transmit or make available in
any way on UPT-Forum content which is illegal, unlawful, harassing, harmful,
threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of
one's privacy including but not limited to personal information, hateful,
racial. You also agree that you shall not post, upload, publish, transmit or
make available in any way on UPT-Forum software containing viruses or any other
computer code, files, or programs designed to destroy, interrupt, limit the
functionality of, or monitor, or persistently reside in or on any computer
software or hardware or telecommunications equipment. You agree that you shall
not (nor others using your account) post, upload, publish, transmit or make
available in any way on UPT-Forum content which is intentionally or
unintentionally violating any applicable local, state, national, or international
law, or any regulations or laws having the force of law where you reside and
elsewhere, including but not limited to any laws or regulations relating to
securities, privacy, and export control; engage in, promote, You agree that you
shall not (nor others using your account) post, upload, publish, transmit or
make available in any way on UPT-Forum content depicting illegal activities,
promote or depict physical harm or injury against any group or individual, or
promote or depict any act of cruelty to animals; You agree not to use UPT-Forum
in any way that exposes UPT-Forum to criminal or civil liability.
You agree
that UPT-Forum shall have the right to determine in its sole and unfettered
discretion, what action shall be taken in the event of any discovered or
reported violation of the terms and conditions contained herein.
5.
INTELLECTUAL PROPERTY
The
Content contained on the UPT-Forum with the exception of User Submissions
including but not limited to the text, software, scripts, graphics, music,
videos, photos, sounds, interactive features and trademarks, service marks and
logos contained therein, are owned by and/or licensed to UPT-Forum, subject to
copyright and other intellectual property rights under United States, Canada
and foreign laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. UPT-Forum reserves all rights
not expressly granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, and/or distribution of
User Submissions of third parties obtained through the Website for any
commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to disable, circumvent, or otherwise interfere
with security related features of the UPT-Forum or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
UPT-Forum Website or the Content therein.
6. USER
SUBMISSIONS
UPT-Forum
permits the submission of video and other communications and the hosting,
sharing and publishing of such user submissions. You understand that whether or
not such User Submissions are published and/or uploaded, UPT-Forum does not
guarantee any confidentiality with respect to any submissions.
UPT-Forum
allows/permits you to link to materials on the Website for personal,
non-commercial purposes only. UPT-Forum reserves the right to discontinue any
aspect of the UPT-Forum website at any time.
You shall
be solely responsible for any and all of your own User Submissions and the
consequences of posting, uploading and publishing them. Furthermore, with User
Submissions, you affirm, represent and/or warrant that:
You own
or retain the necessary licenses, rights, consents, and permissions to use and
authorize UPT-Forum to use all trademarks, copyrights, trade secrets, patents,
or other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service; and
You will
not post, or allow anyone else to post, any material that depicts any person
under the age of 18 years and you have inspected and are maintaining written
documentation sufficient to confirm that all subjects of your submissions are,
in fact, over the age of 18 years.
You have
the written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of
the User Submissions in the manner contemplated by the Website and these Terms
of Service. For clarity, you retain all of your ownership rights in your User
Submissions. By submitting the User Submissions to UPT-Forum, you hereby grant
UPT-Forum a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the UPT-Forum
Website and UPT-Forum's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the UPT-Forum
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the UPT-Forum Website a
non-exclusive license to access your User Submissions through the Website, and
to use, reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the Website and
under these Terms of Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the UPT-Forum Website.
In
submitting material (video or other communication), you further agree that you
shall not:
Submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant UPT-Forum all of the license rights granted
herein;
Publish
falsehoods or misrepresentations that could damage UPT-Forum or any third
party;
Submit
material that is obscene, illegal, unlawful, , defamatory, libelous, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate;
Post
advertisements or solicitations of business;
Impersonate
another person. UPT-Forum does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and UPT-Forum expressly disclaims
any and all liability in connection with User Submissions. UPT-Forum does not
permit copyright infringing activities and infringement of intellectual
property rights on its Website, and UPT-Forum will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes
on another's intellectual property rights. UPT-Forum reserves the right to
remove Content and User Submissions without prior notice or delay. UPT-Forum
will also terminate a User's access to its Website, if they are determined to
be an infringer. While pornographic and adult content are accepted in the
appropriate category, UPT-Forum also reserves the right to decide in its sole
and unfettered discretion, whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as, but not
limited to, obscene or defamatory material, or excessive length. UPT-Forum may
remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
You
understand and acknowledge that when using UPT-Forum, you will be exposed to
User Submissions from a variety of sources, and that UPT-Forum is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against
UPT-Forum with respect thereto, and agree to indemnify and hold UPT-Forum, its
Owners, affiliates, operators, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the website.
You agree
that UPT-Forum may at its sole discretion have the right to refuse to publish,
remove, or block access to any User Submission that is available via the
Website or other UPT-Forum network or services at any time, for any reason, or
for no reason at all, with or without notice.
UPT-Forum
provides its website as a service to its users. However, UPT-Forum assumes no
responsibility whatsoever for monitoring the UPT-Forum Services for
inappropriate content or conduct. If at any time UPT-Forum chooses, in its sole
discretion, to monitor the UPT-Forum Services, however, UPT-Forum assumes no
responsibility for the content, no obligation to modify or remove any
inappropriate content, and no responsibility for the conduct of the User
submitting any such content. UPT-Forum may review and delete any User
Submissions that, in its sole judgment, violates this Agreement or may be
otherwise offensive or illegal, or violate the rights, harm, or threaten the
safety of any User or person not associated with the Website (collectively
"Inappropriate User Submissions"). You are solely responsible for the
User Submissions that you make visible on the Website or to any third-party
website via an embedded player provided by the Website or any other material or
information that you transmit or share with other Users or unrelated third-parties
via the Website.
7. POLICY
UPT-Forum
abides by a ZERO TOLERANCE policy relating to any illegal content. Child
Pornography, bestiality, rape, torture, snuff, death, instructions to criminal
offences and/or any other type of obscene and/or illegal material shall not be
tolerated by UPT-Forum .
8. FEES
You
acknowledge that UPT-Forum reserves the right to charge for UPT-Forum services
and to change its fees from time to time in its discretion. Further more, in
the event UPT-Forum terminates your
rights to use the website because of a breach of this Agreement, you shall not
be entitled to the refund of any unused portion of subscription fees.
9.
WARRANTIES
You
represent and warrant that all of the information provided by you to UPT-Forum
to participate in the UPT-Forum website is accurate and current and you have
all necessary right, power, and authority to enter into this Agreement and to
perform the acts required of you hereunder.
As a
condition to using the UPT-Forum, you must agree to the terms of UPT-Forum's
privacy policy and its modifications. You acknowledge and agree that the
technical processing and transmission of the Website, including your User
Submissions, may involve transmissions over various networks; and changes to
conform and adapt to technical requirements of connecting networks or devices.
You further acknowledge and agree that other data collected and maintained by
UPT-Forum with regard to its users may be disclosed in accordance with the
UPT-Forum Privacy Policy.
10.
WARRANTY DISCLAIMER
YOU AGREE
THAT YOUR USE OF THE UPT-Forum WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UPT-Forum,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UPT-Forum
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR WEBSITE,
ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY
ERRORS OR OMISSIONS ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE UPT-Forum WEBSITE. UPT-Forum DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UPT-Forum WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
UPT-Forum WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT UPT-Forum SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.
LIMITATION OF LIABILITY
IN NO
EVENT SHALL UPT-Forum, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR WEBSITE,
ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR
ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE UPT-Forum WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT UPT-Forum SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
12.
INDEMNITY
You agree
to defend, indemnify and hold harmless UPT-Forum, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
Your use
of and access to the UPT-Forum Website;
Your
violation of any term of these Terms of Service;
Your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or
Any claim
that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms of Service and your use
of the UPT-Forum Website. You affirm that you are either more than 18 years of
age or an emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms and Conditions contained
herein.
13.
ASSIGNMENT
The Terms
and Conditions contained herein and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by UPT-Forum
without restriction. If any term, clause or provision of the agreement is held
invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed from this
Agreement.
