2. Restrictions on Use
(a) Youth under 13 (COPPA Compliancy)
If you are under the age of 13, you need your parent's permission to use this site at all, and we need your parent's verifiable consent (e.g. initials on your on-line registration form or an email from your parents to info at upf.tv) before you can enter any personal information (such as name, address, email address, pictures of yourself) in any of our online systems. You may not enter any personal information (such as name, address, email address) in any of our online systems. If we learn that we have information from a child under 13 without the required parental consent, we will delete that information as soon as possible.
(b) Youth 13 - 18
If you are 13 to 18 years of age, we expect you to have your parent's permission before participating on this site, particularly before submitting any pictures or personal information about yourself. Before posting the pictures of others, if the person is under the age of 18, you must have the consent of the person's parent/guardian. Everyone should use good judgment when posting images. Images that do not reflect good judgment (e.g. depictions of illegal or irresponsible activity, disclosure of private information about a minor, etc.) should not be posted and are subject to removal.
(c) Miscellaneous Privacy Issues
For security reasons, no child's specific address or last name will be posted on the Site. If you disclose Personally Identifiable Information (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas on this Site, other people can see and use that information as an opportunity to contact you or to send you unsolicited emails. This is beyond our control and is your responsibility. If you have questions, please ask your parents. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Please be careful and responsible whenever you are online.
(d) Problems, Questions, Complaints, Assistance
(e) Concerns About Content
UPF does not control or monitor the content of the postings and therefore is not responsible for it. If you find material that you believe should not be posted, please advise us at info at upf.tv. We reserve the right to remove any such material and to notify, and if necessary ban, the submitter from further participation on the site.
3. Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, and data compilations, and the compilation thereof (the "Content"), excepted as specifically noted otherwise, is the property of UPF, our partners or our licensors, and is protected by the United States of America and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of UPF, our licensors or our partners, in the United States and other countries, and are protected by the United States and international trademark laws. All other Trademarks not owned by us, our partners or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Neither the Content, the Trademarks, nor any other portion of the Site may be reproduced, duplicated, copied, sold, resold, modified, used with any framing, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
4. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. The limited license set forth in this Section 4 does not include the right to:
i. modify or download the Site or its contents (except caching or as necessary to view content);
ii. make any use of the Site or its Content other than personal use;
iii. create any derivative work based upon either the Site or its Content;
iv. collect account information for the benefit of another party;
v. use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or
vi. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site
i. must identify itself as such and identify the person or group that the Site belongs to;
ii. may link to, but not replicate, our Content;
iii. may not imply that we are endorsing such website or its services or products;
iv. may not misrepresent its relationship with us;
v. may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
vi. may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
vii. may not use any Trademark without express written permission;
viii. may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 4 without prejudice to any other remedy provided by applicable law.
5. Third Party Links
We are not responsible for the content of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
7. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Accuracy of Information
We seek to be accurate when posting content on the Site but the content of this website is presented "as is." We do not warrant that the content, colors or other materials available on the Site are accurate, complete, current, or error-free.