WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
ANY DISPUTE BETWEEN YOU AND THE COMPANY MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
If you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these terms and conditions on your behalf and take full responsibility for compliance with these Terms.
By accessing the site, or continuing to use the site, you acknowledge that:
(1) you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction;
(2) you have the right, authority and legal capacity to enter into this agreement;
(3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorized by you.
Contact us at firstname.lastname@example.org concerning anything you do not understand.
If you or your parent/legal guardian do not wish to be bound by the these terms and conditions, please exit the site now and do not access or use the site. Your agreement with us regarding compliance with these terms and conditions becomes effective immediately upon commencement of use of any of the site.
Your continued use of the site after a modification has been made to the Terms means that you accept and agree to the revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with the site, your sole and exclusive remedy is to discontinue using the site. It is your responsibility to regularly check the website to determine if there have been changes to these Terms and to review such changes from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms from the date of posting forward. You may not use the site for commercial purposes or in any way that is unlawful, or harms www.upturnpublishing.com, Upturn Productions, LLC, Upturn Publishing, or any other person or entity or affiliate. These terms describe the limited basis on which the sites are available and supersede prior agreements or arrangements.
1. INFORMATION ABOUT THE SITE
www.upturnpublishing.com a site operated by Upturn Productions, LLC, (the “Company”). The Company is a limited liability company registered in California and its address is at 4695 MacArthur Court, Suite 1100, Newport Beach, California 90210.
Please note that this is the address to which you should send correspondence.
2. ACCESSING THE SITE
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
3. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on the Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. INTELLECTUAL PROPERTY RIGHTS
The Company is the owner or the licensee of all intellectual property rights in the site, and in the content published on it. Those works are protected by US and international copyright and other intellectual property laws. All such rights are reserved.
Upturn and related indicia are trademarks of and copyright of © 2015 Upturn Productions, LLC. All Rights Reserved.
For all content on the site, in general, you are not permitted to reproduce or publish in any way any of the content that appears on the site unless you have first obtained the Company’s written permission to do so. In some limited circumstances, the Company may choose to permit the reproduction or publication of content where it feels that this does not harm the business or its values and does not negatively affect Upturn Publishing, the Company or brands (and the Company’s decision on this shall be final). Apart from that, none of the content on the site may be republished, posted, transmitted, stored, sold, distributed or modified without the Company’s prior written consent and any use without consent may constitute an infringement of the holder’s rights. In any case, you are not in any circumstances permitted to:
make commercial use of any such content; edit any such content; or remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.
Upturn Publishing status (and that of any identified contributors) as the author of the content on the site must always be acknowledged.
The materials on the Company’s web site are provided "as is". The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall the Company, Upturn Publishing, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Upturns Internet site, even if the Company or a authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. THE COMPANY’S LIABILITY
The content displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company and third parties connected to it hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any content posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8. REVISIONS AND ERRATA
The materials appearing on www.upturnpublishings.com web site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.
9. RELIANCE ON INFORMATION POSTED
Any commentary and other content posted on the site are not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such content by any visitor to the site, or by anyone who may be informed of any of its contents.
10. THE SITE CHANGES REGULARLY
The Company’s aim is to update the site regularly, and may change the content at any time. If the need arises, the Company may suspend access to the site, or close it indefinitely. Any of the content on the site may be out of date at any given time, and the Company is under no obligation to update such content.
During your use of the site , you may have access to site information, software or data that is not readily available to the public (“Confidential Information”), including any software downloaded through upturnpublishing.com site or services. You agree to not to disclose any Confidential Information to any third parties unless it becomes publicly known without any action or failure to act on your part.
12. GOING OFFSITE
From time to time, we may provide links to third party websites. Those links are provided as a service to our users. We do not sponsor or endorse those third parties, nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself.
13. SUBMISSIONS AND UNSOLICITED IDEAS POLICIES
The Company’s policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that any products, services, marketing plans, ideas for toys, games or other products, or any other suggestions, notes, ideas, inventions, drawings, designs, models, concepts, techniques, or similar material and information, creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Any non-confidential and non-proprietary information that you may send to us will be considered as owned by the Company. You hereby grant and agree to grant the Company, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the www.upturnpublishing.com, or any of the Company’s product or services, without compensation or accounting to you and without further recourse by you.
14. LINKS FROM THE SITE
The Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by www.upturnpublishing.com of the site. Use of any such linked web site is at the user's own risk.
15. LINKING TO THE SITE
You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage the Company, or Upturn Publishing's reputation or take advantage of any of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
You must not establish a link from any website that is not owned by you.
The homepage must not be framed on any other site, unless the Company expressly agrees otherwise. The Company reserves the right to withdraw linking permission without notice.
If you wish to make any use of content on the site other than that set out above, please address your request to email@example.com. Please note that this is not an email address to which you should send fan mail.
17. CHOICE OF FORUM
You agree that any action at law or in equity arising out of or relating to these terms or the site shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Los Angeles County, West Hollywood, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
The Company may assign these Terms, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without the Company’s express prior written consent.
19. GOVERNING LAW
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site. Although the site may be accessible worldwide, we make no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
BINDING ARBITRATION AND CLASS ACTION WAIVER
You and the Company agree to arbitrate all disputes between you and the Company or its affiliates, except disputes relating to the enforcement of the Company or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the site or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or the Company must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to UPTURN PRODUCTIONS, LLC, 4695 MACARTHUR COURT, SUITE 1100, NEWPORT BEACH, CALIFORNIA 92660 USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and the Company will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and the Company do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Los Angeles County, West Hollywood, California, United States of America, and you and the Company agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Company will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
The Company shall be entitled to automatically terminate this Agreement without notice by the Company and immediately remove, cancel or suspend access to and use of the site or www.upturnpublishing.com, or the Company Services for any reason, including if you break the these Terms, if the site, or intellectual property is bought by another company, or for any other reason. Upon termination of the license, you shall cease all use of the site, and destroy all copies, full or partial, of the www.upturnpublishing.com Services.
All questions, comments or enquiries should be directed by email to: firstname.lastname@example.org.
Thank you for visiting UPTURNPUBLISHING.com
LAST UPDATED: APRIL 1, 2016