Effective date: July 31, 2015
The right to use the Services is personal to you and is not transferable to any other person or entity. To use the Services, you need to become a registered user and may be required to sign up for an account, and select a password and username (the “Upblabs Profile”). You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Upblabs Profile a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You must protect the security of your account and your password. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
All materials contained on the Services fall under Copyright. All rights reserved. No person is authorized to use, copy or distribute any portion the Services including related graphics. Upblabs and other trademarks and/or service marks (including logos and designs) found on are trademarks/service marks that identify Upblabs or other registered users of the Services, or the goods and/or services provided by Upblabs. Such marks may not be used under any circumstances without the prior written authorization of Upblabs or the corresponding registered user.
Responsibility of Contributors.
If you operate an account, comment on a post, publish material on our Services, publish links on our Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, Content), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics.
By making Content available, you represent and warrant that:
- – the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- – if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- – you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- – the Content or links do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- – the Content or links are not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- – the Content or links are not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- – your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- – your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s Twitter or name is not the name of a person other than yourself or company other than your own; and
- – you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by our Services or otherwise.
Upblabs reserves the right to remove any post, or Content (graphics or text) for any reason whatsoever. Upblabs reserves the right to ban any user from using our services for any reason.
When you upload graphics to Upblabs you give Upblabs permission to use or distribute your graphics on Upblabs.com or affiliated sites under the same terms. All graphics uploaded are copyright © their respective owners.
If you delete graphics or content from the Services, Upblabs will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Upblabs has the right (though not the obligation) to (i) refuse or remove any content that, in Upblabs reasonable opinion, violates any of the Upblabs policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Upblabs’s sole discretion.
Responsibility of Services and website Visitors.
Upblabs has not reviewed, and cannot review, all of the Content (graphics or text) posted to the Services, and cannot therefore be responsible for that content, use or effects. By operating the Services, Upblabs does not represent or imply that it endorses the Content there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Upblabs disclaims any responsibility for any harm resulting from the use by visitors of the Services and website, or from any downloading by those visitors of content there posted.
If you believe that Content residing or accessible on or through the Services infringes a copyright, you may send a notice of copyright infringement containing the following information to [email protected]
Please note that under applicable law any person who knowingly misrepresents or infringes content or activity may be subject to liability for damages.
Links to Third-Party Web Site
Upblabs may provide hyperlinks to third-party web sites as a convenience to users of the Web Site or for advertising purposes. Upblabs does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Upblabs does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Upblabs will have no liability to any entity for the content or use of the content available through such hyperlink. We do not endorse or hold ourselves responsible for the privacy policies or information gathering practices of any other Services, other than sites run by us. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
You agree to indemnify, defend and hold harmless the Services and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site.
We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at [email protected]
Upblabs is a trademark or service mark.
No Representations or Warranties; Limitations on Liability
Upblabs.com does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of merchantability or fitness for a particular purpose) with regard to the web site, the materials, any products, information or service provided through the Services, or any sites listed therein, and the Services will not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Services does not warrant that it will be uninterrupted or error-free or that defects in it will be corrected. the web site is provided on an “as is, as available” basis. in no event will the Services or its members, managers, officers, employees, agents and the assigns of same be liable for (1) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Services, the materials or any information, or transactions provided on the web site or downloaded from the web site, even if the web site or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions or other inaccuracies in the web site, the materials and/or listings or information downloaded through the web site. because some countries, states or provinces, etc do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. in such places, the web site’s liability is limited to the greatest extent permitted by law.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertisers or sponsors materials.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Upblabs does not refund purchases on the basis of buyer remorse or unmet expectations.
We use the highest security standard available to protect your personally identifiable information while it is in transit to us. All data stored on our servers is protected by a secure “firewall” so that no unauthorized use or activity can take place. Although we will make every effort to safeguard your personal information from loss, misuse or alteration by third parties, you should be aware that there is always some risk that thieves may find a way to thwart our security system or that transmissions over the Internet may in some highly unusual cases be intercepted.
Questions or comments regarding these Terms and Conditions should be sent by e-mail to [email protected]