This Site is operated on behalf of Upaji LLC for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material on the Site only for personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, or video, for public or commercial purposes, without obtaining prior written permission to such effect and purpose from Upaji LLC.
These Terms constitute a binding agreement and are accepted by you upon your use of the Site.
We may revise these Terms at any time by updating this posting and may also make changes to the content, links or functionality of the Site at any time. You are bound by any revisions and should periodically visit this page to review the current Terms of Service.
Upaji LLC investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). To the best of our knowledge, images used on www.upaji.com are not copyrighted but have still been picked from public domains. In case there is a copyright infringement on any picture, please contact us using the feedback form, and we will remove the picture within two weeks. Your notice of claimed infringement must include: (a) physical or electronic signature of the copyright owner of authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the site, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have good faith and belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement, they may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
Assume that everything you see or read on the site is protected by copyright unless otherwise noted and may not be used except or as expressly provided in these terms.
We neither warrant nor represent that your use of materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with us.
We use reasonable efforts to include accurate and up to date information in the site; however, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the site.
Your use of the site is at your own risk. We make no representations about the reliability of the features of this site, content, user content, or any other site feature, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. We make no representations regarding the amount of time that any content or user content will be preserved. We do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by us without our prior review and written approval.
Neither we nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, everything on the site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.
Images of people or places displayed on the site are either the property of, or used with permission by, Upaji LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the site are registered and unregistered Trademarks used by Upaji LLC., or other third parties. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the site without written permission from us or the third party who may own the Trademarks displayed on the site. Your use of the Trademarks or any other content on the site is strictly prohibited, except as specifically authorized in this.
You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including, when appropriate in its discretion, the seeking of criminal prosecution.
We have not reviewed all of the sites linked to the site and are not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
We are under no obligation to monitor any posting or transmission to or about the site and assume no responsibility or liability arising from the content of any such posting or transmission (“User Content”) nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein or related thereto. You are prohibited from: (1) posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, racist, infringing, or otherwise objectionable or inappropriate, as determined in our sole discretion; (2) posting any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (3) violating the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; impersonating any person or organization, including without limitation, the personnel of Upaji LLC, or misrepresenting an affiliation with another person or organization; (4) posting any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the site, or feature of the site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
By displaying, publishing, or otherwise posting any user content on or through the site, you hereby grant to us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such user content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any user content, as well as the right to sublicense user content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your user content, and you continue to have the right to use your user content in any way you choose, subject to these Terms and the license described herein (“User Content License”). You represent and warrant that you own the content submitted, displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and that our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You acknowledge and agree that no partnership is formed between us, and neither you nor we have the power or the authority to obligate or bind the other.
Our failure to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.