Updated October 12, 2020
For purposes of this document “Company” is defined as “UP Entertainment, LLC,” along with its subsidiaries, affiliates, successors and assigns.
Company owns, operates, and/or provides this and other websites, applications, pages on social networks, and other online or wireless services (the “Site(s)”). These Terms of Use along with our Privacy Policy (collectively, the “Terms”) apply to a user (“user,” “you,” or “your”) who accesses, browses and/or otherwise uses the Site(s) and/or the services provided by the Site(s) (the “Services”). By accessing, browsing and/or otherwise using any of the Sites, you acknowledge that you have read, understood and agreed to be bound by the Terms, and to comply with all applicable laws and regulations. If you do not agree to all of the Terms, you may not access, browse and/or use the Site(s) or Services. The material provided on the Site(s) is protected by law, including, but not limited to, United States copyright law and international treaties. If you have any questions regarding the Terms, or any agreement or document herein incorporated, please contact Company at viewerservices@uptv.com.
The Terms of Use apply to your access to, and browsing and/or use of, the Site(s) and the Services and do not alter in any way the terms and conditions of any other agreement you may have with Company for products, services or otherwise, unless otherwise directed by Company. If you breach any of these Terms of Use, your authorization to use the Site(s) and the Services automatically terminates.
By accessing, browsing and/or using the Site(s) and the Services, you consent to receiving electronic communications from Company to the fullest extent permitted by applicable law. You agree that all notices, agreements, disclosures, and other communications that are sent to you electronically by Company shall satisfy any and all legal requirements that such communications be in writing.
You must be at least 13 years of age to use and/or subscribe to the Services. If you are between the ages of 13 and 18, you may subscribe with the consent and involvement of your parent or legal guardian. By subscribing, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these terms and our Privacy Policy and authorize your child who is between the age of 13 and 18 to use the Site(s) and the Services, subject to your responsibility for their conduct.
Company may revise the Terms of Use at any time without notice by updating this posting. By accessing, browsing and/or otherwise using the Site(s) you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current Terms of Use to which you are bound. Any new Materials, Content, Services or features on the Site(s) shall be subject to the Terms of Service.
1. Copyright. All Site materials (excluding User Content), including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (collectively, the “Materials”) are owned or otherwise under the control of Company, and Company reserves all rights therein.
2. Trademarks. The trademarks and/or trade dress, service marks, trade names, and logos (excluding those contained in User Content) (the “Marks”) used and displayed on the Site(s) are registered and unregistered trademarks of Company, its suppliers or other third-parties. In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the owner of the Mark(s) at issue. Nothing on the Site(s) shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Marks used or displayed on the Site(s), without the express written permission of Company or the owner of the Mark(s) at issue. The misuse of the Trademarks displayed on the Site(s) is strictly prohibited.
3. Company Materials. The Site(s), the Materials, the Trademarks, the Services, including, without limitation, any of Company’s or its licensor’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of the Company, its suppliers or other third-parties.
4. Content. You understand that all postings, comments, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site(s) or otherwise provided to or submitted to Company (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. You understand that Company may not control, and is therefore not responsible for, Content made available through the Site(s), and that by using the Site(s), you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by users of the Site(s), are those of the respective author(s) or distributor(s) and not of Company. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Site(s).
5. User Content. Company does not claim ownership of the Content you provide or submit to Company (including feedback and suggestions) or post, upload, input or submit to the Site(s) (“User Content”). However, by posting, uploading, inputting, providing or submitting User Content, you are granting Company and its licensees and assigns a perpetual, irrevocable, worldwide, royalty-free and fully-sublicensable right to use User Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content; publish your name in connection with User Content; and sublicense any such rights. You also grant each user of the Site(s) a non-exclusive license to access User Content through the Site(s), and to use, reproduce, distribute, display and perform such Content as permitted in these Terms of Use. To the extent allowed by law, you waive all moral rights (including rights of attribution or integrity) in User Content, and to the extent that you retain any moral rights under applicable law, you agree not to claim or assert them. No compensation will be paid with respect to the use of User Content as provided herein. Company is under no obligation to post or use any User Content, and Company may remove any User Content at any time in its sole discretion and without prior notice. User Content will be considered non-confidential. By submitting User Content you warrant and represent that you own or otherwise control all of the rights to User Content as described in the Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content, and that the User Content and its use by Company or as otherwise provided herein will not infringe upon the rights of any party or entity or violate any laws or statutes. Further, you acknowledge, consent and agree that Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the Terms of Use and any documents incorporated herein, (c) respond to claims that any Content violates the rights of third-parties, (d) respond to requests for customer service, or (e) protect the rights, property or personal safety of Company, its users, and the public. You understand that the technical processing and transmission of the Services, including User Content, may involve (x) transmissions over various networks, and (y) changes to conform and adapt to technical requirements of connecting networks or devices.
6. Grant of License. Company hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services and/or the Materials for personal, noncommercial use only, subject to the restrictions in the Terms of Use.
7. License Restrictions. You acknowledge and agree that you do not acquire any ownership rights by using the Site(s), the Services, the Marks or the Materials. You may not: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site(s) for commercial use, or otherwise, without the prior written approval of Company, (c) “frame” or “mirror” any Materials contained on the Site(s) on any other server without the prior written permission from Company, (d) permit other individuals or companies to use the Services and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Site(s), Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, or (g) delete or write over any portion of any software relating in any manner to the Site(s) or the Services. You also agree that you shall only use the Site(s), the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that your use of the Site(s), the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. You agree that your use of the Site(s) and the Services shall not violate or infringe the rights of any third-party. Any forbidden use shall immediately and automatically terminate your license to use the Services and the Materials without notice. Any unauthorized use of the Services, the Marks and/or the Materials contained on the Site(s) may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Company reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
8. Additional Use Restrictions. You may only use the Site(s), the Services, the Marks and the Materials in a manner that, in Company’s sole judgment, is consistent with the intended purposes thereof. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at viewerservices@uptv.com. By way of example, and not limitation, you agree not to:
a. Use the Site(s) for any commercial purpose.
b. Use this Site(s) or the Services if you are temporarily or indefinitely suspended from the Site(s).
c. Access, or attempt to access, other areas of the Company computer system or other computer systems through the Site(s) for any purposes.
d. Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site(s) or the content contained thereon without Company’s prior, express, and written permission.
e. Use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site(s) or take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
f. Upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or any other Content that could give rise to any civil or criminal liability under both domestic and international law. Pornography and merchandising related to pornography are prohibited under all Services, including providing links to pornographic content elsewhere.
g. Harm, or attempt to harm, minors in any way.
h. Impersonate any person, including, but not limited to, the Site(s) owner, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person.
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page).
j. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
k. Upload, post, email or otherwise transmit any Content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
l. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
m. Upload, post, email or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
n. Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
o. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.
p. Effectuate security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
q. Harvest or collect information about other Site users without their express consent.
r. Restrict or inhibit any other visitor from using the Site(s), including, without limitation, by means of “hacking” or defacing any portion of the Site(s).
s. Express or imply that any statements you make are endorsed by Company without Company’s prior written consent.
t. Assist any third-party in engaging in any activity prohibited by the Terms of Use.
u. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization.
9. Monitoring the Site(s). Company has the right, but not the obligation, to monitor the Site(s). Notwithstanding the foregoing, Company reserves the right, but not the obligation, to refuse to post, or to remove any Content or User Content, or any information or materials from any portion of the Site(s), in whole or in part, that, in Company’s sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use. You acknowledge that Company may establish general practices and limits concerning use of the Site(s), including without limitation, limiting the maximum number of days that comments or other Content or User Content will be retained by the Site(s), the maximum disk space that will be allotted on Company servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) you may access the Site(s) in a given period of time. You agree that Company has no responsibility or liability for: (a) the deletion of Content or User Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over the Site(s), or (d) Content maintained or transmitted by the Site(s). Company does not assume any liability associated with a user’s use of the Services, the Materials, or the Site(s), or anything contained thereon, including, without limitation, intellectual property infringement relating to or concerning any User Content. Please make sure that any User Content you provide conforms to all applicable intellectual property right laws.
10. Hyperlinks. Links to third-party sites on the Site(s) are provided solely as convenience to you. If you use these links, you will leave the Site(s). Company has not reviewed all of these third-party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site(s), you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such third-party sites.
11. Downloadable Materials. Any Materials that are made available to download from the Site(s) are the copyrighted work of Company and/or its or suppliers or other third-parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
12. Your Information. You agree to (i) provide true, accurate, current and complete transactional information and any information about you and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. You agree to update such information by notifying Company by email of any changes at viewerservices@uptv.com.
13. Notices. Unless otherwise provided herein, notices given by Company to you will be given by email or by conventional mail. Notices will be sent to the email address or mailing address you provide to Company as part of the registration process, or to an updated address that you provide to Company via notice consistent with this section. Notices given by you to Company must be given by email to viewerservices@uptv.com or such updated address(es) as Company may provide to you consistent with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notices sent to the email or conventional mailing address last provided by you to Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
14. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Company is done so at your own risk.
15. Termination. You agree that Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that terminations shall be made in Company’s sole discretion and that, except as explicitly provided herein, Company shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Services. Upon termination as provided herein you shall immediately discontinue use of the Services. The making of all payments due hereunder and Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, and 29 shall survive the termination, cancellation, or discontinuation of the Services.
16. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICES AND THE SITE(S) IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE(S), INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF COMPANY (COLLECTIVELY, “COMPANY THIRD-PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND COMPANY THIRD-PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER COMPANY NOR ANY COMPANY THIRD-PARTIES MAKE ANY WARRANTY THAT THE SITE(S), THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO COMPANY OR ANY COMPANY THIRD-PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THE SITE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE(S) AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ANY COMPANY THIRD-PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE SERVICES, THE SITE(S), ANY WEBSITES LINKED TO THE SITE(S), THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE(S) RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00 OR THE TOTAL FEES YOU PAID TO US IN DURING THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE TERMS OF USE IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THESE TERMS OF USE SHALL BE CUMULATIVE AND NOT PER INCIDENT.
18. Indemnification & Release. You agree to notify Company of, and indemnify, defend, and hold Company and its directors, officers, employees, consultants, agents, and other representatives, harmless from and against, any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of the Terms of Use; (b) any allegation that any Content or materials you submit or transmit to the Site(s), or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third-party; and/or (c) your activities in connection with the Site(s) and any Services. In addition, if you have a dispute with one or more users, you agree to release Company (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes. If you are a California resident, you hereby agree to waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
19. Force Majeure. Company shall not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site(s).
20. No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your user ID, or any Content or other materials within your account, terminate upon your death.
21. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. Company respects the intellectual property of others, and we ask our Users to do the same. Company will promptly remove materials from the Site(s) in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the DMCA by providing the Company Copyright Agent with the following information in writing:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. identification of the copyrighted work(s) or other intellectual property that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Company Copyright Agent may be reached for notice of claims of copyright or other intellectual property infringement as follows:
UP Entertainment, LLC
2077 Convention Center Concourse, Suite 300
Atlanta, Georgia 30337
Attn: Copyright Agent
E-Mail: jhall@uptv.com
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed by mistake or misidentification, you may send a counter-notice to Company Copyright Agent, containing the following information:
a. Your physical or electronic signature;
b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c. A statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification;
d. Your name, address, telephone number, and e-mail address; and
e. A statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
If a counter-notice is received by Company Copyright Agent, Company may send a copy of the counter-notice to the original complainant informing that person that Company may restore the removed Content or cease disabling it in X business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be restored, at Company’s sole discretion.
22. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site(s), the Services, or the Terms of Use (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.
23. Governing Law. The Terms shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of laws provisions. You irrevocably and unconditionally: (a) consent to submit to the exclusive jurisdiction of the state and federal courts of Fulton County, Georgia (the “Georgia Courts”) for any litigation or controversy arising out of or relating to the Terms, (b) agree not to commence any litigation arising out of or relating to the Terms except in the Georgia Courts and (c) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
24. General. If any provision(s) of the Terms are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. No waiver of right or provision by the Company shall be deemed a further or continuing waiver of such right or provision. By agreeing to the terms set forth in the Terms of Use you agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. The Terms of Use may be assigned in whole or in part by the Company. The Terms of Use may not be assigned in any manner by you without the express, prior written permission of the Company. There are no third-party beneficiaries to this agreement. The Terms of Use, along with the Privacy Policy, contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.