TakeUp Website Terms and Conditions
Effective October 21, 2022
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THIS WEBSITE OR ANY OF THE INFORMATION OR CONTENT CONTAINED HEREIN.
TAKEUP RESERVES THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THESE TERMS TO THIS SITE AND YOU WAIVE THE RIGHT TO NOTICE OF ANY SPECIFIC CHANGES. BY CONTINUING TO ACCESS AND USE THE SITE AFTER THE POSTING OF UPDATED TERMS, YOU AGREE TO THE UPDATED TERMS.
This Site is offered only to users in the United States of America who are 18 years of age or older. You may not access or use this Site from outside from outside the United States of America or in any manner that could subject TakeUp to international laws. By using this Site, you represent and warrant that you meet the eligibility requirements to use this Site and that you accept these Terms.
Ownership of this Site
This Site, its content (including and without limitation all text, graphics, logos, button icons, images, photographs, metadata, video clips, and audio clips and the compilation of content (“Content”)), and all software used on the Site is the exclusive intellectual property of TakeUp or its data suppliers and is protected by copyright, trademark, and other laws of the United States and other countries. Nothing in these Terms shall be construed as transferring any ownership rights or granting, by implication, inference, estoppel, or otherwise, any license or other right to use the Site or any of its content, software, or other intellectual property. You are authorized to use the Site and to print and download copies of material on the Site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, modify, display, sell, broadcast, transmit, or distribute any material on the Site in any manner or medium, including by uploading the material or otherwise making the material available online. Your right to use the Site is subject to your strict compliance with these Terms and your right to use the Site shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Site is personal to you, you may not assign nor transfer your right and any attempt to do so is void.
You further agree not to use the Site: in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site; use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized herein, without our prior written consent; use any device, software, or routine that interferes with the proper working of the Site; introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Site.
This Site features logos and other trademarks and service marks that are the property of or are licensed to TakeUp. The Site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
This Site may include links to other websites operated by third parties. These links are provided as a convenience only. TakeUp has not reviewed all of the information on other websites, is not endorsing such other websites or products, and is not responsible for the content of any other website or any products or services that may be offered through any other linked websites. Different terms and conditions apply to your use of any linked websites. TakeUp encourages you to review all such applicable terms and conditions before using any linked website.
No Reliance on Website Information
This Site and the Content available herein is made available to you for your personal use only on an “AS IS” basis. TakeUp reserves the right to modify the Content of the Site at any time but has no obligation to update any information on this Site. TakeUp disclaims all warranties of accuracy, completeness, timeliness, or usefulness of the Information, including any implied warranties of merchantability, fitness for a particular purpose, or merchantability. By using the Site and Information, you release TakeUp from any damages or claims that could arise from your use or reliance on the Site or Information.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion at any time without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If you choose to register for the Site and are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms and conditions.
YOUR USE OF THIS SITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK. THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TAKEUP RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND FOR ANY REASON.
TAKEUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE SITE IS NON-INFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR FREE FROM ANY MALICIOUS OR HARMFUL CODE OR VIRUS. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER TAKEUP NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY INFORMATION ON THIS SITE, OR WITH REGARD TO YOUR ACCESS TO ANY LINK OR CONTENT THROUGH THIS SITE.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
The Site is solely intended for use by individuals residing in the United States (U.S.). TakeUp makes no representations that any Content or functionality available through the Site is appropriate or available for use in other locations outside of the U.S. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for complying with all applicable national, federal, state, provincial, and local laws.
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to TakeUp through this Site or about this Site or the Information available on the Site is the exclusive property of TakeUp. TakeUp is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission.
Creating Your Account
If you create an account on this Site, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You will not misrepresent your identity, including, for example, by using another person’s username, password, or other account information. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. If you subscribe to paid features on our Site, you agree that all such use will be subject to the TakeUp Subscription Terms displayed to you at the time of purchase.
User Contributions and Content Standards
The Site may contain message boards, feedback posts, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. Any and all User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TakeUp, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
TakeUp is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and, terminate or suspend your access to all or part of the Site for any or no reason. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TAKEUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TAKEUP OR LAW ENFORCEMENT AUTHORITIES.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; be likely to deceive any person; promote any illegal activity, or advocate, promote, or assist any unlawful act; cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve (without our consent) commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or, give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
However, we cannot and do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.
Governing Law and Arbitration
All matters relating to the Site and these Terms will be governed by the laws of the State of Ohio, excluding any of its conflict of law principles that would apply laws of another jurisdiction, and the exclusive venue for any dispute relating to this Agreement shall be the courts located in Cuyahoga County, Ohio. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by TakeUp of any term or condition set out in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TakeUp to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.
These terms and conditions constitute the sole and entire agreement between you and TakeUp regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Changes to these Terms
TakeUp reserves the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes TakeUp may make to these terms and conditions. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes. Your continued use of the Site following the posting of revised terms and conditions means that you accept and agree to the changes.
Information About You and Your Visits to the Website
Copyright Take-Down Procedures; Copyright Agent
If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by contacting TakeUp's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing. Describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and email address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
TakeUp's agent for copyright issues relating to this Site is as follows: firstname.lastname@example.org.
For Additional Information
If you have any questions about the rights and restrictions above, please email: email@example.com.
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