Any person using any of the our (collectively referred to as “1UPVISION components” ) will be referred to as a ”customer” throughout this document.
LICENSE AND ACCESS
Subject to the restrictions listed below, we grant you a revocable, non-exclusive, limited license (the “Limited License”) to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website (collectively, the “Contents”). Unless explicitly granted herein, all rights are reserved by 1UPVISION. Prohibited uses of this Website and the Contents include, but not limited to, downloading this Website or the Contents (other than page caching) without 1UPVISION’s prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of any of the 1UPVISION components or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Website (collectively, “Software”) are the copyrighted work of 1UPVISION. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Moreover, you may not access or download the Software in breach of any law or regulation of your country. The Software is made available solely in accordance with the license agreement.
This Website and all Contents, and any compilation thereof, are the exclusive property of 1UPVISION and protected by international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Website are trademarks and trade dress, as applicable, of us and may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages us. You may not use any of our logo or any other proprietary graphic or trademark without express written permission. Periodically on this Website, We makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and we make no claim to ownership of those marks.
USER ACCOUNTS AND PASSWORDS
Some of our Services may require you to open a user account. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify us immediately if you become aware of any unauthorized use of your account or any breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another user’s account without the permission of that user.
We cannot and will not access any of the customer data until given prior permission to do so for the purposes of repair and maintenance.You are solely responsible for your account information, posted content, blogs, messages or other information (“User Content”) that you submit, publish or display (hereinafter, “post”) on the Website or transmit to other users.
The following is a partial list of User Content and intent that is prohibited. The list below is for illustration only and is not a complete list of all prohibited User Content and intents:
is implicitly or explicitly offensive, such as User Content or action that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of another any group or individual;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications provided to users. You acknowledge that any reliance on the information provided will be at your own risk.
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
RESTRICTIONS & PROHIBITED USES
(1) delete or revise any material posted by any other person or entity;
(2) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website,
(4) frame or link to any of the Content or information available from the Website.
You may not use the Website in order to transmit, distribute, store or destroy material, including without limitation the Content,
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
(5)You are prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties’ last known e-mail address. You hereby consent to notice by e-mail.