Welcome to the "The Upstocker" website (this "Site"). By using this Site including the submission of any content through us, you agree to be bound by these Terms of Service. If you do not wish to bind yourself to these Terms of Service, do not access or use this Site or any materials from this Site. Please read the following information carefully:
As this Site is an evolving medium, The Upstocker reserves the right to changes these Terms of Service, from time to time. Your continued use of this Site after the posting of changes to these Terms will signify your acceptance of these changes.
This Site contains copyrighted material, trademarks, and other proprietary information, including but not limited to, text, images, photos, software, video, graphics, music and sound, and applications. The entire Terms of Service is protected by United States copyright, trademark, patent, trade secret, and other laws. Unless otherwise noted, The Upstocker, own all content that is part of this Site.
Reporting Copyright Infringement
If you are a copyright owner or an agent thereof and believe any content or other information appearing on this Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Reporting Objectionable Material
If you consider any material appearing on this Site to be objectionable and would like to report it, please contact us at firstname.lastname@example.org. Please include your e-mail, the URL of the website, or the name of the mobile application.
The Upstocker own all rights to their logos and trademarks used on connection with this Site. All other trademarks, service marks and logos used in this Site are the trademarks, service marks of logos of their respective owners. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark.
This Site may include a variety of features, such as blogs, photo- and video-sharing pages, social networking features, discussion forums, and e-mail services that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that:
You may submit any text, images, data, or other materials ("Content")on this Site. In doing so, you acknowledge and agree that you grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
If you have elected to receive push notifications or alerts through any of our mobile applications, you can cancel the push notifications or alerts by accessing the push notification setting of your mobile device and/or through the settings of the application mobile application.
Third Party Advertising
We may run advertisements and promotions from third parties on this Site. Your business dealings or correspondence with, or participation in promotions of, advertises other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on this Site.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject, and/or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
When you submit an ad for publication on this Site, including but not limited to classified ads, you agree that the advertisement is licensed to us for publication on this Site.
You acknowledge and agree that we have the right, but not the responsibility, to monitor this Site, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate this Site properly, to protect itself, its sponsors, and to comply with legal obligations or governmental requests, or to respond to any circumstances that we deem to be an emergency. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in our sole determination.
Where AP Content Is Used
Some of the content published on this Site is used under license from the Associated Press. By using this Site, you agree and acknowledge that: (1)You will not publish, broadcast, or rewrite for broadcast or publication, or redistribute directly or indirectly in any medium any Associated Press text, photo, graphic, audio, and/or video material. (2) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing.
In addition to those set forth in this paragraph, the Associated Press may impose other terms and conditions on the use of its materials. For that content, the terms listed here apply:
Links To Other Websites And Services
Parental Control Provisions
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).
We make no representation that materials on this Site are appropriate, available or legal in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
The failure of this Site at any time to require performance by You of any provision of these Terms of Service shall in no way affect the right of this Site to enforce such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.
Throughout this Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply on endorsement or sponsorship of such sites, or the information, products or services offered on or through respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through this Site or on websites linked to/by us on this Site.
THE INFORMATION PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Your interactions with companies, organizations and/or individuals found on or through this Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands, and damages of every kind of nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or this Site.
We may at any time change this Site, including eliminating or discontinuing any content of feature of this Site, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on this Site, by electronic mail, by conventional mail, or by another other means chose in our sole discretion. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Last Updated: January 12, 2017