1. What Information Do We Collect?
In common with other websites, the information that our Websites collect may include (among others) the following:
a) IP address, Cookies, and Web Beacons
1.1 When you visit our Websites, our servers may automatically save the date and time of your visit, as well as information about your browser, Internet Service Provider, referring and exit pages and your IP address in the server access logs.
1.6 Most browsers are initially set to accept cookies, but you can (re)set your browser to refuse all cookies or to indicate when a cookie is being sent. You can opt out of receiving cookies from certain third-party advertising networks by resetting your browser. However, some features and services may not function properly if cookies are disabled.
1.7 We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
b) Personal Data, Including Your E-mail Address
1.8 On some of our Websites, you may choose to contact us or register with us for a better experience, creating a profile for participating in our online communities. In order to do that, you may be required to provide us with certain personal information, such as username and email address. The information you disclose in that respect may also become publicly accessible. All users with a personal profile on any of our Websites may make any changes to their information at anytime by clicking on the appropriate link in their personal profiles. If you do not wish to register, you may always visit our Websites anonymously.
1.9 If you decide to disclose information in a public venue, we will consider that information as part of the public domain. This information will be accessible to any person who uses the Websites.
1.10 We only collect email addresses that were provided to us directly by you. We may use your email address to inform you of news of our services or offers by us or our affiliates. Your email address will not be sold, rented or leased to third parties.
c) Combination of Personal Data
1.11 For optimizing our services and the Websites, and for the purposes mentioned in this article 2, we are entitled to combine your personal data (including your email address, as applicable) with other information about you collected by or provided to us.
2. To Whom Do We Provide This Information?
2.1 UPBUILT may provide information to any party whose services it engages for the purposes of its normal operations. We may also supply information to other parties if we are required to do so by law or by a ruling handed down by a court of law. As mentioned above, UPBUILT does not provide personal details to other parties for commercial, advertising, or marketing purposes, except if you explicitly give us permission to do so, or if doing so is part of a specific program or operation for which you have registered. In such case, you may withdraw your permission at any time.
3. Why Do We Collect Information?
3.1 We collect information in order to enhance your experience when using our Websites, to display personalized content and possibly – for advertising.
4.1 You post personal data and any other content on the Websites at your own risk.
4.2 In addition, you understand and acknowledge that, even after removal, copies of personal data or content may remain viewable in cached and archived pages, or if other users have copied or stored your personal data or content.
4.3 Your personal data visible on the Websites (such as any public comments posted by you and/or any data in your profile) are accessible to third parties, and you acknowledge and agree that such third parties are able to copy such information to their own websites or other locations.
5.1 Users under the age of 16 should not to submit any personal data without the consent of their parent or legal guardian.
5.2 As some content on our websites may be offensive or inappropriate for a young audience, Users under the age of 18 should receive the consent of their parent or legal guardian prior to using our websites.
6.1 The Internet is a global environment, and using the Internet necessarily involves the collection and processing of personal data on an international basis. Therefore, by using our Websites, you acknowledge and agree to our processing of personal data in this way.
6.2 Our Websites may contain links to other websites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We encourage users to be aware when they leave our site to read the privacy statements of each and every website that collects personally identifiable information.
This policy was last modified on February 11, 2011
Please read this document carefully before accessing or using our Websites.
2. Disclaimer of Warranties
Our Websites are provided “as is”, therefore we make no express warranties or guarantees about our Websites and hereby disclaim and negate all warranties that the content and services presented on our Websites are noninfringing, merchantable, fit for a particular purpose or are of satisfactory quality. Furthermore, we don’t guarantee that our Websites will meet your requirements or will be free of errors, reliable, uninterrupted, or accessible at all times and we are not obliged to supply any support services for our Websites whatsoever. You assume total responsibility and risk for your use of our Websites and agree that no oral or written information or advice given by a representative of UPBUILT shall create a warranty.
The content of our Websites is protected by international copyright and trademark laws. We own the intellectual property rights to the website names, graphic design, source code, and all original text and multimedia content of our Websites. Certain content may be used with an obtained permission from the copyright holders known to us and is thus licensed to its respective owners. You may print and download content from our Websites solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. However, you may not use any data mining, robots, or similar data-gathering and -extraction tools on the content of our Websites. You agree to grant to UPBUILT a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved content, products and services) you submit to any public areas of our Websites (such as forums and comment forms) or by e-mail to UPBUILT by all means and in any media now known or hereafter developed. You also grant to UPBUILT the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against UPBUILT for any alleged or actual infringement or misappropriation of any proprietary right in your communications to UPBUILT. If, in your view, any copyright or other intellectual property right that you may have is being infringed by/on our Websites, please inform us immediately.
4. Limitation of Liability
In no event shall UPBUILT or its suppliers and content partners be liable for any incidental, consequential or indirect damages (including, but not limited to loss of profits, data or goodwill, business interruption, computer failure or malfunction, or any other commercial damages or losses, even if UPBUILT or its authorized representatives should have known of the possibility of such damages) arising out of your use of, inability to use, or reliance upon our Websites. In no event shall our liability (or the liability of our content partners and suppliers) for any and all claims relating to the use of our Websites exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue. Because some countries, states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you and in such countries, states or jurisdictions our liability shall be limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless UPBUILT, its officers, directors, employees, agents, licensors, suppliers, affiliated companies and any third party information providers from all liabilities, claims, expenses, damages and losses, including reasonable attorney’s fees that arise from your use or misuse of our Websites or from any violation of this Agreement (including negligent or wrongful conduct). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
6. Third Party Rights
Our Websites may include links to third party websites. Third party websites may be also linking to our Websites. When you access a non-UPBUILT website, please understand that it is independent from UPBUILT, and that UPBUILT has no control over the content on that website. Therefore UPBUILT shall not be held responsible for objectionable, unlawful, inaccurate or offensive content hosted on these third party websites or for any possible damage or loss incurred by your use of these third party websites.
7. Governing Law
Any claim or dispute relating to UPBUILT and its Websites shall be governed by the laws of the United States of America without regard to its conflict of law provisions. Furthermore, you agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability in such event and that any disputes or claims that you have against UPBUILT shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to our Websites must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
We may discontinue or change any service or feature on our Websites at any time and without notice. UPBUILT does not, however, make any commitment to update the materials on its Websites.
We give no warranties that the content of our Websites is appropriate or available for use in locations outside the United States of America. If you choose to access the Websites from a location outside the United States of America, you do so on your own initiative and you are responsible for compliance with local laws.
You must provide, at your own expense, the equipment and Internet connections that you will need to access and use our Websites and you are solely responsible for any costs you incur to access the Websites through any wireless or other communication service.
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Websites. If you no longer agree to receive notices electronically, please cease using the Websites.