The following describes the terms on which UpExercise.com offers you products and services. By using this site, you agree and accept the terms and conditions below.
This User Agreement, as may be amended, and any Addenda you may subsequently accept (the “Agreement”) describe the terms and conditions applicable to your membership account (the “Account”). We may amend this Agreement by posting the amended version on our Website. Your continued use of our services indicates your continued acceptance of these terms.
1. You are eligible for a membership account if you are 18 years of age or older. If you are under 18, your parent or guardian must accept this agreement on your behalf by pressing the “Submit Registration” button. In addition, if you are under 14, your parent or guardian must complete and send to us a parental permission form. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your Free Account. We may add, delete or change some or all of the services provided for free as part of UpExercise.com Membership at any time.
2. UpExercise.com allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on our websites is referred to as “User Content”. You retain all ights in, and are solely responsible for, the User Content you post to UpExercise.com. In other words, if you post content on UpExercise.com, the content still belongs to you but we can show it on the website and others can save it.
3. By submitting content to UpExercise.com, you certify that you own the copyright of the content or has obtained permission to use and submit the content. You also agree to respect copyright and trademarks of other entities when submitting content. UpExercise.com has adopted a copyright policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright policy.
4. Copyright Policy & DMCA Policy
UpExercise.com respects the intellectual property of others and our uses are expected to do the same. UpExercise.com may, at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property right of others.
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, please provide UpExercise.com with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, in the case of multiple copyrighted works, a representative list of such works and where to find the alledgedly infringement.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UpExercise.com to locate the material.
Information reasonably sufficient for UpExercise.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send the above information to email at: abuse@UpExercise.com.
5. We may terminate your Account immediately if you breach this Agreement, if you infringe third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us. Alternatively, in these situations we may choose to remove some or all of your content or make your content private, in which case your content will not be publicly displayed (although you will be able to view it). Following termination (or, to the extent that you exceed the applicable storage limits, following downgrading) of your Account, we may remove some or all of your content from our servers or elect to retain it, at our sole option.
6. You grant UpExercise.com and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, creat derivative works, perform, and distribute your User Content on UpExercise.com solely for the purposes of operating, developing, providing, and using UpExercise.com. Nothing in these Terms shall restrict other legal rights UpExercise.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. UpExercise.com and users may retain your User Content and continue to use, store, display, reproduce, modify, creat derivative works, perform, and distribute any of your User Content that other users have stored or shared through UpExercise.com.
7. You may not transfer or share your Account with anyone. You may not disclose your password to any third parties. Corporate subscribers must have one Account for each participating employee; employees may not share Accounts.
8. ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
9. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED TO ONE-HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
10. By accepting this Agreement, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to use of your information by us and third parties, as enumerated in our then-current privacy policies, which are incorporated herein by reference.
11. Through your Account, we provide you with unfiltered access to other people’s content. We cannot, nor do we try to, control the content that you will receive. By its very nature, other people’s content may be offensive, harmful or inaccurate, and in some cases content will be mislabeled or deceptively labeled. You should note that parental control protections are commercially available and may assist you in limiting access to content that is harmful to minors. If you are interested in learning more about these protections, information is available at analogous sites providing information on such protections. We expect that you will use caution-and common sense-when using your Account. Furthermore, you shall comply with all applicable laws regarding your access to your Account.
12. UpExercise.com does not make any guarantees or warranties regarding dependability, accuracy, or timeliness of our service. UpExercise.com cannot be held liable for any damage or loss of information that may occur from use of our service. We offer no warranties or guarantees regarding the accuracy of the information provided.
13. THIS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND MAY BE SUBJECT TO DISRUPTIONS OR ERRORS. UpExercise.com GIVES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY RELATED SOFTWARE, CODE, OR PRODUCT, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
14. WE PROVIDE LINKS TO THIRD PARTY WEBSITES OR RESOURCES WHERE YOU MAY VIEW OR PURCHASE PRODUCTS OR SERVICES FROM. THE PRICES AND INFORMATION WERE DETERMINED TO BE ACCURATE AT THE TIME OF POSTING. HOWEVER THEY MAY HAVE CHANGED SINCE THE TIME OF POSTING. UpExercise.com DOES NOT IN ANY WAY GUARANTEE THAT THE INFORMATION POSTED IS ALWAYS UP TO DATE AND/OR ACCURATE.
YOU AS THE USER MUST VERIFY THE ACCURACY OF THE INFORMATION FROM THE THIRD PARTY WEBSITE YOU ARE DIRECTED TO BEFORE MAKING ANY DECISION TO RELY ON THEIR INFORMATION, PURCHASE OR USE THEIR PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT UpExercise.com IS NOT RESPONSIBLE OR LIABLE FOR: THE AVAILABILITY OF THE THIRD PARTY WEBSITES OR RESOURCES; OR THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY UpExercise.com OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISKS ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
For disclosure purposes, we do receive affiliate commissions and/or compensation for most of the items we post, although if we find an extraordinary great items, we will often post it whether we receive any type of compensation or not.
15. IN NO EVENT WILL UpExercise.com BE LIABLE TO Users FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT UpExercise.com IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
16. By participating and becoming a member of UpExercise.com web site, you agree to periodically receive e-mails and other forms of advertising from UpExercise.com and/or advertisers or sponsors. If you do not wish to receive these announcements, send us an e-mail at contact@ UpExercise.com . UpExercise.com is not responsible for and shall have no liability to any person with respect to any advertising materials of third parties appearing on the UpExercise.com web site or on any other site to which Users may go through a link from the UpExercise.com site.
17. Users agree to indemnify and hold UpExercise.com its officers, directors, shareholders, agents, and representatives harmless from and against any and all claims, demands, liabilities, expenses (including attorneys’ fees), losses, and damages arising from any and all claims and lawsuits, including but not limited to claims for libel, slander, copyright infringement, and trademark violation, resulting from the contents of your web page or site, your use of the Service, or your failure to comply with any part of this Agreement.
18. The term of this Agreement is perpetual. Parties my cancel at any time, without liability to the other party, upon notification by email. Upon cancellation of the Service by you or UpExercise.com, you will immediately remove all references codes, from Your Site.
19. UpExercise.com reserves the right to change the terms and conditions of this Contract Agreement at any time. Users are responsible for complying with any new rules posted on the website within 30 days of the date changes are posted.
20. UpExercise.com has complete ownership and rights to the UpExercise.com names, logos, programs, databases, reports, web sites, and information. All materials contained in the UpExercise.com web site are copyright © 2017 UpExercise.com.
20. If you notice any users violating the terms and conditions of this Agreement, you may notify us at: abuse@ UpExercise.com.