In delivering service to you, we aim to be as transparent and accountable as possible. Please take a moment to read through these terms.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by us to you, acceptance is expressly limited to these terms.
If you create or save contents or links on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your content, your account or any other breaches of security. Upswing will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you create or post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Upswing.biz for inclusion on the Website, you grant Upswing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Upswing will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Upswing has the right (though not the obligation) to, in Upswing’s sole discretion (i) refuse or remove any content that, in Upswing’s reasonable opinion, violates any Upswing.biz or Upswing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Upswing’s sole discretion. Upswing will have no obligation to provide a refund of any amounts previously paid.
Upswing has not reviewed, and cannot review, all of the material and links, including those that comprise or link to computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Upswing does not represent or imply that it endorses the material 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Upswing disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Upswing.biz links, and that link to Upswing.biz. Upswing does not have any control over those non-Upswing.biz websites and webpages, and is not responsible for their contents or their use. By linking to a non-Upswing.biz website or webpage, Upswing does not represent or imply that it endorses such website or webpage. 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. Upswing disclaims any responsibility for any harm resulting from your use of non-Upswing.biz websites and webpages. If content is embedded on an Upswing.biz-hosted page, where practical, Upswing will endeavor to provide the author’s name and appropriate license.
As Upswing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Upswing.biz violates your copyright, you are encouraged to notify Upswing. Upswing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Upswing will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Upswing or others. In the case of such termination, Upswing will have no obligation to provide a refund of any amounts previously paid to Upswing.
Upswing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Upswing.biz may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Upswing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Upswing.biz account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Upswing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Upswing nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Upswing, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Upswing under this agreement during the twelve (12) month period prior to the cause of action. Upswing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Upswing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Upswing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Upswing, or by the posting by Upswing.biz of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A.
Adapted from the Wordpress ToS