UPBEATSTREET.COM TERMS OF USE
Last updated: 06/07/2007
UpbeatStreet.com is owned and operated by P.R. Hoffman, Inc. Your continued use of this site and the services it provides constitutes your binding acceptance of these terms (the "Terms").
Contents
Posting and Transmitting Content with UpbeatStreet
You can upload photos and written content (together, the "Content") to be published in the printed editions of UpbeatStreet Magzine. You are responsible for all Content that you upload or transmit through UpbeatStreet. The following Content is prohibited:
Content involving nudity, including nudity or partial nudity of children of any age
Copyrighted material and trademarks that are used without the express permission of the owner
Pornographic or obscene Content
Content that exploits children or minors
Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18
Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
Content that may be deemed grossly offensive to the UpbeatStreet community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
Content promoting or providing instructional information about illegal activities
Content that transmits or contains viruses, corrupted files, or any similar element
We examine UpbeatStreet's Content on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above. We also reserve the right to terminate your access to UpbeatStreet if you fail to abide by these Terms.
We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through UpbeatStreet.
By utilizing UpbeatStreet you agree to indemnify, defend and hold P.F Hoffman, Inc. and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by P.F Hoffman, Inc. as a result of Content you submit or transmit through UpbeatStreet in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through UpbeatStreet or the services we provide.
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When you post or transmit Content on or through UpbeatStreet you grant UpbeatStreet, its parent company P.F Hoffman, Inc., their affiliates and partners a nonexclusive, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of and publicly perform that Content on and through each of the services provided by UpbeatStreet. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on or through UpbeatStreet at any time. When you do remove your Content, this license will automatically expire.
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Use of UpbeatStreet and the UpbeatStreet Content
All of the Content available through UpbeatStreet is protected by our copyrights and the copyrights of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by UpbeatStreet as part of the services we provide.
You may not use UpbeatStreet in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access UpbeatStreet and the Content through the interfaces provided by UpbeatStreet.
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We maintain the right to do any of the following any time, with or without prior notice:
restrict, suspend, or terminate your access to all or any part of our services;
change, suspend, or discontinue all or any part of our services;
refuse, move, or remove any Content;
establish general practices, fees and policies concerning UpbeatStreet and the services we provide
refuse to print any Content in UpbeatStreet Magzine
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UpbeatStreet.com is committed to protecting your privacy when you visit UpbeatStreet.com or use its services ("Services") as further outlined in this policy. As a condition of using the Services of UpbeatStreet.com, you agree to provide UpbeatStreet.com with certain personal information. This information includes, but not limited to: full name, zip code and email address as well as your computer's unique IP address (if any). Please note that nowhere on the Site do we knowingly collect contact information or financial information from children under the age of 13. Please review this privacy policy periodically as we may update it from time to time. This privacy policy was last revised on June 6, 2007. Each time you visit UpbeatStreet.com, use the Services, or provide us with information, you are accepting the practices described in this privacy policy at that time. You agree that by using the Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below in this privacy policy.
Limits on our Responsibilities
We cannot guarantee the accuracy, security or quality of Content printed on UpbeatStreet Magzine.
Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of UpbeatStreet or the services we provide or for any service failure or interruption, regardless of the cause.
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UpbeatStreet Availability
UpbeatStreet is available to anyone 13 years of age or older who truthfully and accurately provides all required information. UpbeatStreet is not intended as a service for children and therefore persons under the age of 13 may not use this site.
We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through UpbeatStreet, that third party may need to email you regarding their service. We may also contact you, via email or postal mail, to notify you about special offers available to UpbeatStreet members. By using UpbeatStreet service you are consenting to the receipt of these communications.
UpbeatStreet is an advertising supported Internet site. By using UpbeatStreet you consent to having your Content co-mingled with advertisements that appear on the UpbeatStreet Magzine or are incorporated into the services we provide.
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Third-Party Sites, Products, and Services
UpbeatStreet provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these 3rd parties and we are not responsible for their activities.
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If you have any questions regarding this privacy policy or information that you have submitted to us you can contact us at:
1. Email: support@upbeatstreet.com
2. Address:
P.R. Hoffman, Inc.
2535 W. Fairview St. #104
Chandler, AZ 85224
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