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GENERAL
Upswift LTD. (“Upswift” or “we” or “us” or “our”) respects the privacy of its subscribers (“subscriber” or “you”) that use our subscription service (the “Subscription Service”). The following Upswift privacy policy (“Privacy Policy”) is designed to inform you, as a subscriber of the Subscription Service, about the types of information that Upswift may gather about or collect from you in connection with your use of the Subscription Service. It also is intended to explain the conditions under which Upswift uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Subscription Service, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Subscription Service you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Subscription Service.
BY USING OR ACCESSING THE SUBSCRIPTION SERVICE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Subscribers of the Subscription Service Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most online operators, Upswift gathers from subscribers of the Subscription Service Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the subscriber’s Internet Protocol (IP) address, operating system and browser type, and the locations of the web pages the subscriber views right before arriving at, while navigating and immediately after leaving the Subscription Service. Although such information is not personally identifiable, it may be possible for Upswift to determine from an IP address a subscriber’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Upswift analyzes Non-Personally-Identifying Information gathered from subscribers of the Subscription Service to help Upswift better understand how the Subscription Service is being used. By identifying patterns and trends in usage, Upswift is able to better design the Subscription Service to improve subscribers’ experiences, both in terms of content and ease of use. From time to time, Upswift may also release the Non-Personally-Identifying Information gathered from Subscription Service subscribers in the aggregate, such as by publishing a report on trends in the usage of the Subscription Service.
Web Cookies
A “Web Cookie” is a string of information which assigns you a unique identification that a website stores on a subscriber’s computer, and that the subscriber’s browser provides to the website each time the subscriber submits a query to the site. We use cookies on the Subscription Service to keep track of services you have used, to record registration information regarding your login name and password, to record your subscriber preferences, to keep you logged into the Subscription Service, and to facilitate purchase procedures. Upswift also uses Web Cookies to track the pages that subscribers visit during each Subscription Service session, both to help Upswift improve subscribers’ experiences and to help Upswift understand how the Subscription Service is being used. As with other Non-Personally-Identifying Information gathered from subscribers of the Subscription Service, Upswift analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Upswift, its partners and others better understand how the Subscription Service is being used. SUBSCRIBERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE SUBSCRIPTION SERVICE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SUBSCRIPTION SERVICE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. SUBSCRIBERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Web Beacons
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the subscriber and allows website operators to check whether a subscriber has viewed a particular web page or an email. Upswift may use Web Beacons on the Subscription Service and in emails to count subscribers who have visited particular pages, and viewed emails. Web Beacons are not used to access subscribers’ Personally-Identifying Information; they are a technique Upswift may use to compile aggregated statistics about Subscription Service usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
Analytics
We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to provide analytics services, inform, optimize, and serve ads based on your past activity on our websites and applications, including Google Analytics for Display Advertising. These vendors may use Web Cookies, Web Beacons and other technologies to collect information about your use of the Subscription Service, our service and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our service and other websites and better understand your online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network. You can do so by using Google’s Ads Settings (www.google.com/settings/ads). For more information about interest-based ads, or to opt out in general of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our Subscription Service and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Subscription Service and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop content and services that we hope you and other subscribers will find of interest.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
Registration
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Upswift may collect a range of Personally-Identifying Information from and about subscribers. Much of the Personally-Identifying Information collected by Upswift about subscribers is information provided by subscribers themselves when (1) registering for our service, (2) participating in polls, surveys or other features of our service, or responding to offers, (3) communicating with us, or (4) signing up to receive newsletters. That information may include each subscriber’s name, address, email address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other relevant information as determined by Upswift from time to time. Subscribers of the Subscription Service are under no obligation to provide Upswift with Personally-Identifying Information of any kind, with the caveat that a subscriber’s refusal to do so may prevent the subscriber from using certain Subscription Service features.
BY REGISTERING WITH OR USING THE SUBSCRIPTION SERVICE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Upswift Communications
We may occasionally use your name and email address to send you notifications regarding new services offered by the Subscription Service that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements, and administrative messages, even if you opt out of all voluntary email notifications.
BY SIGNING UP FOR AN ACCOUNT AND PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE INFORMATIONAL TEXT MESSAGES FROM US RELATING TO USE OF THE SUBSCRIPTION SERVICE.
If you do not want to receive such messages, you may opt out or change your preferences in your account. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
Upswift Disclosures
Upswift will disclose Personally-Identifying Information under the following circumstances:
By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Upswift, our subscribers, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Subscription Service Agreement or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
Marketing Communications. Unless subscribers opt-out from receiving Upswift marketing materials upon registration, Upswift may email subscribers about products and services that Upswift believes may be of interest to them. If a subscriber wishes to opt-out of receiving marketing materials from Upswift, subscriber may do so by following the unsubscribe link in email communications, by going to your account settings (if applicable) or contacting us using the contact information below.
Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting surveys and other features offered through our Subscription Service. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
Business Transfers; Bankruptcy. Upswift reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Upswift’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Changing Personally-Identifying Information; Account Termination
You may at any time review or change your Personally-Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some personal information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Subscription Service Agreement and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.
General Use
We use the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Subscription Service to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Subscription Service and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our Subscription Service Agreement, and as otherwise described to you at the time of collection. At times, we may look across multiple subscribers to identify problems. In particular, we may examine your Personally-Identifying Information to identify subscribers using multiple subscriber IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Subscription Service, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
COLLECTION AND USE OF CUSTOMER DATA HOSTED BY Upswift
This section of the Privacy Policy addresses how Upswift may collect, process, store, use and disclose the data which you may create, maintain, use or disclose in connection with your account (“Subscriber Data”). In order to provide the Subscription Service, Upswift hosts and processes Subscriber Data in connection with your account. By creating, maintaining, using or disclosing Subscriber Data in connection with the Subscription Service and your account, you acknowledge that you are the owner or that you otherwise have the right, authority or consent to control such Subscriber Data and to authorize Upswift and its employees, agents and contractors to take such actions with respect to Subscriber Data as described in this Privacy Policy.
Except as otherwise described in this Privacy Policy or the Subscription Service Agreement, Subscriber Data in your account is not accessible to anyone, unless you choose to make it accessible. Upswift facilitates and provides tools for you to manage access to and use of your Subscriber Data, including sharing such information on a website or otherwise making such information available to others. However, you, and only you, control whether and what Subscriber Data to create, maintain, use or disclose in connection with your account and any corresponding website. You are solely responsible for granting access to others, publishing, sharing, updating or deleting such Subscriber Data in your account. Upswift is not responsible for any such access to, activities, use or disclosure involving Subscriber Data, regardless of how or by whom such occurs.
In limited circumstances, Upswift or its employees, agents and contractors may have access to, use or disclose Subscriber Data in order to provide the Subscription Service. The following are some of the more common (but not exhaustive) circumstances under which Upswift, and its employees, agents and contractors may have access to, use or disclose Subscriber Data in order to provide the Subscription Service:
To host, process, conduct data backups and maintenance, upgrades, debugging, troubleshooting, programming and other related administrative or technical activities required to provide the Subscription Service;
To conduct security activities related to preventing, detecting, investigating and responding to security incidents, threats or vulnerabilities, implementing security safeguards and controls and other activities related to security;
To respond to or provide support and related activities which you have requested in connection with your account and the Subscription Service, or which you have otherwise consented to;
In response to court orders, legal process, or as otherwise required by applicable law;
In connection with suspension, termination or expiration of the Subscription Service Agreement as set forth in the Subscription Service Agreement, or as necessary to resolve any dispute related to the Subscription Service Agreement; or
When we act under exigent circumstances, to the extent permitted by applicable law, to protect the safety of customers or the public.
Upswift will only make available Subscriber Data to its employees, agents or contractors who have a need to know or access in order to provide Subscription Service to or on behalf of Upswift as described in this Privacy Policy. Upswift will never use or disclose Subscriber Data for marketing, advertising or other similar commercial purposes.
Notwithstanding the foregoing, Upswift may use and disclose information that includes, is based upon or is derived from the Subscriber Data for marketing, business and other related purposes, provided that such information is in a form that is aggregated and de-identified so that the data is not associable to any individual subscriber.
Retention and deletion by Upswift of Subscriber Data is governed by the terms of the Subscription Service Agreement.
CHILDREN
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Subscription Service represents to us that he or she is 13 years of age or older.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Upswift contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Upswift, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personally-Identifying Information that subscribers provide directly to those third parties or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third party applications accessible through the Subscription Service. Upswift neither owns nor controls the third-party websites and applications accessible through the Subscription Service. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, or using a third party application, whether by means of a link on the Subscription Service, directly through the Subscription Service, or otherwise, and before providing any Personally-Identifying Information to any such third party, subscribers should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those subscribers’ discretion, protect their privacy.
SECURITY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.
We are dedicated to protect all information on our Subscription Service as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
PRIVACY POLICY CHANGES
Upswift may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Upswift’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Subscribers should regularly check this page for any changes to its Privacy Policy. Upswift will always post new versions of the Privacy Policy on the Subscription Service. However, Upswift may, as determined in its discretion, decide to notify subscribers of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that subscribers always maintain and update their contact information.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our subscribers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
DO NOT TRACK POLICY
Our Subscription Service does not respond to “Do Not Track” signals or mechanisms.
Please contact us at contact@upswift.io if you have any questions about our Privacy Policy.
Last updated on 4/17/2019
Welcome to www.Upswift.io (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Upswift] Ltd. (“Upswift“, “we“, “our” or “us“). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
In order to use some of the services of the Site, you may have to create an account (“Account“). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Upswift immediately of any breach of security or unauthorized use of your Account. As between you and Upswift, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send a request to Upswift through the “Contact Us” page.
Payments to Upswift. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Upswift may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
Intellectual Property Rights.
Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of Upswift and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Upswift”, the Upswift logo, and other marks are Marks of Upswift or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
User Submissions.
Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Upswift to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
License to User Submissions. By submitting the User Submissions to Upswift, you hereby grant Upswift a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Upswift’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Upswift is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Upswift with respect to (i) and (ii) herein.
Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Upswift. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Upswift from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
Upswift permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Upswift or present any false information about Upswift and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibites linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.epsaogon.io/privacy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
Warranty Disclaimers.
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Upswift HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Upswift DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Upswift WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
Upswift DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT Upswift SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT Upswift IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. Upswift RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, Upswift DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Upswift SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Upswift HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Upswift FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Upswift FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Upswift and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
Term and Termination. These Terms are effective until terminated by Upswift or you. Upswift, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Upswift shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 17 and Sections 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 12 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 18 (Independent Contractors) to 20 (General) shall survive termination of these Terms.
Independent Contractors. You and Upswift are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Upswift. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Upswift.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Upswift without restriction or notification to you. Any prohibited assignment shall be null and void.
Governing Law. Upswift reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Upswift shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
These Terms shall constitute the entire agreement between you and Upswift concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated on 4/17/2019
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