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Terms of Use

PLEASE TAKE THE TIME TO CAREFULLY REVIEW THIS UPI U TERMS OF USE AGREEMENT (“AGREEMENT”), AS THE AGREEMENT GOVERNS YOUR USE OF THE UPIU.COM SITE (the “Web site”), INCLUDING BUT NOT LIMITED TO YOUR SUBMISSION OF ANY CONTENT WHATSOEVER TO THE Web Site. BY ACCESSING THIS Web site, YOU AGREE TO BE BOUND BY THE AGREEMENT. THIS AGREEMENT IS SUBJECT TO CHANGE BY UNITED PRESS INTERNATIONAL, INC. (“UPI”) AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THIS Web site AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THIS AGREEMENT REGULARLY.

 

  1. GENERAL
    • The right to use the Web site is personal to you and is not transferable to any other person or entity. As such, UPI grants you a limited, revocable, non-exclusive license to access the Web site solely for your own personal use.
    • UPI shall have the right, at any time, with or without notice, to change, modify, limit or discontinue any aspect, function or feature of the Web site, including, but not limited to, the content, hours of availability, the number and the size of the content and/or postings that any one person, company, or organization can submit to the Web site, and equipment needed for access or use the Web site. UPI shall not be responsible to you or any third party for any such change, modification, limitation, or discontinuation.
    • The Web site contains copyrighted material, trademarks and other proprietary information of UPI and its third-party licensors, including, but not limited to, text, photos, images, and graphics (hereinafter "Content"). The entire contents of the Web site are copyrighted as a collective work under copyright laws. Any reproduction, modification, or redistribution of any Content is expressly prohibited without the express written consent of UPI.
    • When making certain services available on the Web site, UPI may make such services available subject to your agreement to and compliance with additional terms of use, and/or guidelines. All such terms of use and/or guidelines are hereby incorporated by reference into this Agreement.
  2. ACCESS TO THE WEBSITE

    You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Web site and all charges related thereto.

  3. USER POSTINGS
    • Any content and materials you submit or otherwise make available on the Web site, including without limitation, any text, photographs, audio, video and any other material you submit, shall be collectively referred to in this Agreement as “User Postings.”
    • By contributing any User Postings, you are agreeing to be bound by the terms and conditions contained in this Agreement. Such terms and conditions are subject to change by UPI at any time in its sole discretion. Your use of the Web site after such changes are made constitutes your acknowledgment and acceptance of any such changes.
    • You understand that UPI does not control and is not responsible for any User Postings on the Web site, and that by using the Web site, you may be exposed to Postings that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. Likewise, User Postings on the Web site may contain links to other Web sites, which are completely independent of the Web site. The UPI makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on any such site. You agree that you must evaluate, and bear all risks associated with any User Postings, and that you may not rely on, and under no circumstances will UPI be responsible or liable in any way for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User Postings.
  4. YOUR CONDUCT

    You agree, understand, and acknowledge that you, and not UPI, are solely and fully responsible for User Postings made under your name, user name, password, e-mail, and any other registration information you submit. You specifically agree to comply with the provisions below in this Section 4, and elsewhere in this Agreement, regarding any User Postings you submit or otherwise make available on the Web site.

    • You agree to use the Web site for lawful purposes only.
    • You agree not to transmit, post, or otherwise make available any User Postings on the Web site, that infringe and/or violate any right of any third-party including but not limited to any right of privacy, copyright, trademark, trade secret, patent and/or other proprietary rights.
    • You agree not to transmit, post, e-mail, or otherwise make available any User Postings on the Web site that are unlawful, harmful, threatening, abusive, harassing, pornographic, tortuous, defamatory, vulgar, obscene, libelous, hateful, or otherwise objectionable in any way.
    • You agree not to transmit, post, e-mail, or otherwise make available any User Postings on the Web site that harass, degrade, intimidate or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
    • You agree not to transmit, post, e-mail, or otherwise make available any User Postings in which United Press International or any person or entity is impersonated, or which falsely states or otherwise misrepresents your affiliation or other relationship with United Press International or any person, company, or other organization.
    • You agree not to transmit, post, e-mail, or otherwise make available any User Postings that are misleading, deceptive, or false. Specifically, you agree not to impersonate any person or entity, or misrepresent your affiliation with any person or entity.
    • You agree that you will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the User Postings, except your own.

    You acknowledge UPI has the right in their sole discretion to pre-screen, edit, and/or refuse to post any User Postings that you transmit, post, or otherwise make available to the Web site. You further acknowledge that UPI shall have the right to remove any User Postings on the Web site at any time and for any reason, however UPI is not obligated to do so. UPI’s screening, and modification of any User Postings does not and will not make UPI responsible and/or liable for any matter arising out of your use of the Web site and any User Postings that you transmit, post, or otherwise make available to and on the Web site.

    You acknowledge, consent, and agree that UPI may access, preserve, and disclose any information provided to UPI, including but not limited to any User Postings, without prior notice to you, if required to do so by law or if UPI reasonably believes such actions are necessary (i) to enforce this Agreement, (ii) to protect any rights of UPI, or any visitors to the Web site, or (iii) to comply with any legal process, including but not limited to any lawful requests, notices, subpoenas, court orders, or warrants.

  5. PROPRIETARY RIGHTS TO POSTINGS
    • By submitting, or otherwise making available any User Postings to and on the Web site, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you agree to grant to UPI, and its parent, affiliates, and subsidiaries, a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, perform, display, distribute, sub-license and create derivative works of any such User Postings, for any purpose whatsoever, and in any media now known or hereinafter developed. Likewise, by posting, transmitting, or otherwise making available any User Postings to the Web site, you agree to grant UPI the right to prevent the subsequent aggregation, display, copying, duplication, and reproduction of the User Postings on the Web site by any person, company, organization or any other party.
    • You represent and warrant the following to UPI: (i) that you are the sole author of any User Postings submitted, and that any User Postings submitted are original and accurate; (ii) that you have the full exclusive and unconditional right and authorization to submit any User Postings to UPI; (iii) that any User Postings submitted do not violate the copyright, patent, trademark, right of privacy or publicity, or any other right of any person or entity; (iv) that any User Postings submitted contains no defamatory or obscene material or that would otherwise be illegal; and (iv) that you are not a minor and you have the legal right and capability to enter into this Agreement and to fully perform all the terms of this Agreement.
    • By submitting or otherwise making available any User Postings to and on the Web site, in addition to the rights, and licenses set forth in this Agreement, you grant UPI, and its parent, affiliates, and subsidiaries, a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license to use your name and any image of yourself you provide to UPI, for any purpose whatsoever, and in any media now known or hereinafter developed, including but limited to displaying such information on the Web site.
    • By submitting any User Postings or otherwise making available any User Postings to and on the Web site, you agree to release UPI, and its parent, affiliates, and subsidiaries, and their respective directors, officers, employees, licensors and agents from and against any and all claims, demands, losses and expenses, including attorneys' fees, which you may or can have in connection with your User Postings, including but not limited to, any claims for copyright infringement, trademark infringement, defamation, false light, libel, slander, invasion of privacy, right of publicity violations, emotional distress and/or economic loss.
  6. THIRD PARTY LINKS

    This Web site contains links to other sites which are not maintained by, or related to, UPI. Such links are to be accessed at your own risk, as UPI has not reviewed the linked to sites. UPI makes no representations or warranties about the content, completeness or accuracy of these links or the linked to sites and is not responsible or liable for any content, advertising, products, or other materials on such sites.

  7. CLAIMS OF INFRINGEMENT

    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 notify the UPI agent for notice of claims of copyright or other intellectual property infringement ("Agent") and provide our Agent with the following information:

    Please provide our Agent with the following Notice:

    • A description of the material on the Web site that you claim is infringing, and a description of where on the Web site such material is located
    • 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
    • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
    • Your address, telephone number, and e-mail address; and
    • Your physical or electronic signature.

    You can reach our Agent at copyright@upiu.com , and at 1133 19th Street, N.W., Washington, D.C., 20036, Attn: Copyright Agent.

  8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    • YOU EXPRESSLY AGREE THAT YOUR USE OF THIS Web site IS AT YOUR SOLE RISK. NEITHER UPI, ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, WARRANT THAT THIS Web Site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OF ANY INFORMATION, USER POSTINGS, CONTENT AND/OR SERVICES PROVIDED THROUGH THIS Web site.
    • THIS Web site IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    • THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
    • IN NO EVENT WILL UPI, ITS PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Web site. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND USER POSTINGS ON THIS Web site.
    • IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, UPI, NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY USER POSTINGS AND CONTENT, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
  9. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless UPI, its parent, affiliates, and subsidiaries, and their respective directors, officers, employees, licensor and agents from and against all claims, demands, losses and expenses, including attorneys' fees, arising out of your use of the Web site, any User Postings that you transmit, post, or otherwise make available to and on the Web site, your violation of this Agreement, your breach of any of your representations and warranties set forth herein, your infringement of the rights of any third party, and/or your violation of any law. UPI reserves the right to take over the exclusive defense of any claim for which UPI is entitled to indemnification. In the event UPI takes over the exclusive defense of any such claim, you agree to provide UPI with your full cooperation.

  10. PRIVACY POLICY

    UPIU has established a Privacy Policy to explain to users of the Web site, how their information is collected, and used. The Privacy Policy is located at http://www.upiu.com/privacy/ .

  11. TERMINATION

    Under certain circumstances, UPI may, at any time, and in its sole discretion and without prior notice, terminate your account and/or access to its Web site. Such circumstances shall include but not be limited to: (i) any breach or violation of this Agreement, (ii) any request by any government agency or law enforcement, (iii) engagement by you in any illegal or fraudulent activity and (iv) any change to and/or discontinuance of the Web site. You agree and acknowledge that all account and/or access terminations shall be made in UPI’s sole discretion and UPI shall not be liable to you or any third party for any termination of your account and/or access to the Web site. Sections 1, 3, 4, 5, 7, 8, 9, 10 and this Section 11 shall survive termination of this Agreement.

  12. MISCELLANEOUS

    This Agreement, including the UPIU Privacy Policy and any additional terms of use and/or guidelines posted by UPI for certain services, constitutes the entire agreement between UPI and you with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws rules. If you access the Web site from any location outside the United States, you agree to accept full responsibility for your compliance with all applicable local laws. You and UPI agree that the exclusive venue for any dispute between the parties arising out of this Agreement or pertaining to the subject matter of this Agreement will be in the courts in the District of Columbia. No waiver by either UPI or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. 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 Web site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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