USER ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
DESCRIPTION OF SITE
In order to access many of the features and much of the content available on the Site, all users are required to use an account and password which can be obtained by completing the Site’s online registration form and, subsequently, verifying their email address through our automated process. By completing the registration process, you warrant and agree that all of the information provided by you during said registration process is true, current, complete, and accurate. You further agree to update any registration information, on an ongoing basis, in order to keep such information true, current, complete, and accurate.
You are solely responsible for maintaining the confidentiality of your account information (including, without limitation, your password). You are solely responsible for any and all statements made and acts or omissions that occur through the use of your password and account. Accordingly, you must take steps to ensure that others do not gain access to your password and account. Uproar personnel will never ask you for your password. You are not permitted to transfer or share your account with anyone, and Uproar reserves the right to immediately terminate your account if you transfer or share your account.
USER CONDUCT GUIDELINES
Usage of the Site is subject to any and all applicable laws and regulations. For the avoidance of doubt, and without limiting the generality of the foregoing, users are barred from utilizing the Site or any information contained thereon in any manner that infringes upon the intellectual property rights of any party. Further, users may not utilize their Site accounts to breach security of the Site or another account, or to attempt to gain unauthorized access to Site information. All users shall not interfere with anyone’s right to utilize the Site. Any user who violates systems or network security may incur criminal and/or civil liability. You hereby agree that Uproar may, at any time, terminate your account without any prior notice to you for any violation of the above provisions. Further, you acknowledge that we will fully cooperate with investigations of violations of any system or network security at other sites, including with law enforcement authorities in investigating suspected criminal conduct.
By utilizing the Site, you acknowledge and agree that all content available on the Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are permitted only to use the content contained on the Site as expressly authorized by Uproar. You may not modify, republish, upload, transmit, or distribute any documents or information from the Site in any form or by any means unless expressly authorized to do so by Uproar. Any unauthorized use of the materials available on the Site may violate copyright, trademark and/or other applicable laws and could result in criminal or civil penalties.
3RD PARTY SITE CONTENT
The Site may contain links to other sites or include references to information, materials, and/or services provided by third parties (“3rd Party Sites”). These 3rd Party Sites are not under the control of Uproar; you hereby acknowledge that Uproar is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content on said 3rd Party Sites, nor is Uproar responsible for any errors or omissions in any references to other parties thereon. Any links to 3rd Party Sites from the Site are provided as a convenience to our users and do not, in any way, imply any endorsement or association with such 3rd Party Sites and Uproar, nor any kind of warrant--express or implied.
3RD PARTY PROMOTIONS
The Site may include advertisements offered by 3rd parties (“3rd Party Promotions). You may enter into correspondence with or participate in such 3rd Party Promotions. Any such correspondence or 3rd Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, and/or representations associated therewith, are solely between you and such third party advertiser. Uproar assumes no liability, obligation, or responsibility for any part of any such 3rd Party Promotions.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, Uproar automatically collects certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you request a license, make a purchase, or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number (collectively, the “Order Information”).
“Personal Information” is defined herein as collectively including Device Information and Order Information.
HOW DO WE USE PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any license requests and/or orders placed through the Site (including processing your payment information, arranging for delivery of products and services, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
-Communicate with you;
-Screen our license requests, information requests, and orders for potential risk or fraud; and
-When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
Uproar does not collect and sell your personal information. We utilize Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Additionally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT IN NO WAY LIMITED TO THE IMPLIED WARRANT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. FURTHER, UPROAR MAKES NO WARRANTY (i) THAT THE MATERIALS, INFORMATION, AND CONTENT WILL MEET ANY PARTICULAR USER REQUIREMENTS, (ii) THE MATERIALS, INFORMATION, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERRORS, OR (iii) THE QUALITY OF THE MATERIALS, INFORMATION, AND CONTENT PURCHASED OR LICENSED BY YOUR FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
The Site may include technical or other mistakes, inaccuracies, or typographical errors. Uproar may make changes to the materials, information, and content available on the Site, including pricing and descriptive information, at any time and without notice.
The use of the Site (including the downloading or acquisition of any materials through the Site) is done at your own discretion and risk and with your explicit agreement that you will be solely responsible for any damage to your computer system or loss of data that results from any such activities.
You hereby understand and acknowledge that the temporary interruptions of service on the Site may occur as normal events. Further, you hereby understand and acknowledge that Uproar has no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruptions of other network transmissions are completely beyond Uproar’s control.
LIMITATION OF LIABILITY
In no event shall Uproar be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any website referenced or linked to from the Site.
You agree to defend, indemnify, and hold Uproar harmless from all liabilities, claims, and expenses (including attorney’s fees) that arise from or in connection with or relation to your use or misuse of the Site and/or the materials, information, and/or content contained thereon. Uproar reserves the right, at Uproar’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case, you agree to fully cooperate with Uproar in asserting any available defenses.
CHOICE OF LAW
The Site (specifically excluding any links to 3rd Party Sites is maintained by Uproar within the United States of America. The Site can be accessed from within the United States of America, as well as from other countries. Each country has their own laws which may differ from those of the United States of America. By accessing the Site, all parties agree that the laws of the State of New York in the United States of America, without regard to conflict of laws provisions thereof, will apply to all matters relating to the use of the Site and transactions made through the use of the Site. All parties hereby agree and submit to the exclusive jurisdiction and venue of any court of competent jurisdiction within the State of New York.
All notices to you shall be in writing and shall be made either via email or conventional mail to the address listed in your account information. Alternatively, Uproar may broadcast notices or messages through the Site to inform you or changes to the Site or other matters; such broadcasts shall constitute notice to you at the time of sending. Any notices to Uproar shall be sent, via email, to the attention of “Customer Service” at email@example.com.
Any cause of action brought by you against Uproar must be instituted within one (1) year after the cause of action arises, or it shall be deemed forever waived and barred.
In addition to any excuse provided by applicable law, Uproar shall be excused from liability for non-delivery or delay in delivery of products and/or services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but in no way limited to, the following: labor disturbance, war, fire, accident, adverse weather, government act or regulation, event of force majeure, or so-called “act of god” (including epidemics and pandemics), and other causes or events beyond Uproar’s reasonable control, whether or not similar to those enumerated herein.