Thank you for visiting Upspring.com! This page sets forth the "Terms of Service" ("TOS") under which you may use Upspring.com (collectively, the "Site") and its interactive platform available via the Internet and any mobile devices. Upspring ("we" or "us") reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Please read this page carefully before using our Site. If you do not accept these TOS, you are not authorized to use the Web Site, and if applicable, you should cancel your membership on Upspring. This Site offers a number of services including local directory listings, business profile, product listing, By using this Web Site you agree to be bound by the policy set forth herein.
We work hard to make this Site a useful place for businesses. We cannot guarantee, however, that businesses will find everything to their liking; nor could we provide a free and low-cost service if we exposed to substantial liability.
Information provided on this Web Site may contain technical inaccuracies or typographical errors. Information is subject to change without notice or obligations.
- Personal Use Only
This Site and the Service offerings are intended for your personal, noncommercial use. You are free to display and print information you receive through this Site for your personal, non-commercial use; provided that you agree not to modify, reformat, reproduce, distribute, transmit, license, transfer, or sell any information, products or services obtained from the Site without the prior written consent of the owner. You may not use any robot, spider, site search/retrieval application, or other automated devices to retrieve any portion of the Site.
- Your License to Us
By submitting Content and other materials to us, you grant Upspring (including our partners, affiliates, agents, and service providers, collectively known as "Third Party Providers") a perpetual, world-wide, irrevocable, royalty-free, and non-exclusive license to modify, distribute, reproduce, display and create derivative works from the Content as we see fit in any medium and for any purpose.
You also agree that Upspring, including our Third Party Providers, may identify you as the author of any your postings by name, email address, etc. as we see appropriate. You acknowledge that the content may not be treated as confidential and that Upspring reserves the right to move, delete, or edit any postings that we consider inappropriate or unacceptable whether for legal or other reasons.
• You understand that all business listings, business profiles, professional profiles, products, testimonials, coupons, taggings, images, messages, photos, text, files or other materials ("Content") posted on, transmitted through or linked from the Web Site are the sole responsibility of the person or organization from whom such Content originated.
• You understand that Upspring will not be responsible for all Content that you post, email or otherwise made available through the Web Site, and that by using the Web Site, you may be exposed to the content that is inaccurate, indecent, offensive, misleading or otherwise objectionable.
• You are fully responsible for any Content you post on the Web Site and bear all consequences of any such Content.
• You acknowledge that Upspring does not pre-screen or approve Content, such as business profiles, business hours, professional profiles, taggings, etc., but that Upspring shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Web Site, should you violate the letter or spirit of the Terms or for any other reason. You also understand and agree that Upspring, in its sole discretion, may delete any Content or disable any Account for any reason.
• You acknowledge that Upspring shall have an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, republish, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing.
• You acknowledge that Upspring shall have the right, in its sole discretion, to investigate and take appropriate legal actions against anyone who violates the above-referenced provision. We reserve the right to block the use of our web site and services, terminate the membership or removing the account of such individuals who violates the provision herein. You acknowledge that you may not post Content that:
» involves unsolicited mass mailing or spamming;
» is false or intentionally misleading;
» is defamatory, slanderous, obscene or threatening;
» involves illegal activities or abusiveness;
» advocates harassment of another person;
» is pornographic or sexually explicit;
» exploits personal information or people under the age of 18 in a sexual or violent manner;
» shares links which promote or advocate the use of drugs or tobaccos; and
» promotes racism, hatred, bigotry or physical harm of any kind against any individual or group.
- Guarantees and Services
Upspring is not liable for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with or relating to the use of Upspring.com services. Advertiser will defend, indemnify, and hold Upspring harmless from all claims, liabilities, losses and expenses (including reasonable attorneys fees), relating to any acts, or failures to act, by you or materials or information transmitted by you in connection with the Upspring service.
The Web Site's coupon and promotion services are provided "as is" and we make no warranties, expressed or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement, responses, or otherwise.
We do not charge for listing your business(es) or organization(s) on Upspring. As a registered user, we allow you to create free professional and business profiles to help you get discovered in the Upspring business community, as well in popular search engines in Google, Bing, Yahoo, and more. Using proprietary algorithm, Upspring will display your profile so that other users on Upspring can find you and connect with you. You can use Upspring's Tell micro-blogging messaging tool to share the latest happening and what you're doing with the people in your business network or the public. There are no fees (and hidden fees) for using the Upspring social platform unless otherwise stated.
Upspring also provides premium advertising services. If you're interested in advertising your brand, products or services on Upspring, please contact us directly. By using our premium advertising services, you acknowledge acceptance of the fee(s) set forth on our Site or through our partners and Advertiser, and understands that Upspring will charge applicable fees in advance of ad publication. Upspring will not be bound by any provision, waiver or alteration, printed or otherwise, amending this document. Upspring may modify, suspend or terminate your services at any time for any reason without notice, and shall not incur liability in any manner as a result of such action, except to refund any unused pre-paid subscription.
Unless agreed to otherwise in writing by Upspring, Advertiser/Agency agrees to pay the amounts due in advance, or upon approval of credit, net ten days upon receipt of an invoice from Upspring. Advertising may be deleted from the Site if Upspring does not receive payments when due. Agency is responsible for full payment of all amounts due for advertising on behalf of its clients, and Upspring may hold both Agency and Advertiser jointly and severally liable for such payments.
Advertiser/Agency recognizes that the resell of ads to other parties is prohibited. Advertiser/Agency can act as a purchasing agent and purchase individual ads or ad packages for their clients.
Except as otherwise indicated, all materials in the Site, including without limitation the Upspring logo and other Upspring trademarks and service marks, are the property of Upspring and/or its affiliates or licensors and are protected by international copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes set forth in these Terms of Service, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "Copyright © 2011 Upspring. All rights reserved." Any other use is prohibited.
- Privacy and Passwords
Some portions of the Site are protected and require a User ID and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Upspring immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Upspring believes that any unauthorized access may occur or has occurred, Upspring may terminate such access without prior notice to you.
- Third-Party Sites
Upspring makes no representations whatsoever about any other Web Site which is linked on Upspring.com. When you access an external ('non-Upspring') Web Site, please understand that it is independent from Upspring. In no event will Upspring (our officers, our parent company, employees, investors, or the link (collectively, "Associates")) be liable to any party for any use of this Web Site.
If you have any questions or comments about our Terms of Service, please send us an email to info at upspring.com. You may also write to us at:
Terms of Service
Version WUPS003 effective January 18, 2012