Terms of use

 

Upright Africa, Inc.

Terms of Use Policy

Revised September 22, 2016

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY; USE OF THE UPRIGHT AFRICA WEBSITE IS SUBJECT TO THIS POLICY.  BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE.

UPRIGHT AFRICA reserves the right to revise these Terms from time to time as UPRIGHT AFRICA sees fit.  By using the Website after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.

I. Privacy Issues

 UPRIGHT AFRICA is concerned about privacy matters.  Please review our Privacy Policy which also governs your visit to the website to understand our privacy practices.

II. Cookies

 “Cookies” are small encrypted data files that may write to your hard drive once you have accessed a website.  UPRIGHT AFRICA uses cookies to enhance your user experience.  To learn more about how we protect personal information, please review our Privacy Policy.

III. Conduct of Users

 When you visit the website or send e-mails to UPRIGHT AFRICA, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the website.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the website satisfy any legal requirement that such communications be in writing.

You agree that you will not:  (i) transmit via or through the Website any information, data, text, files, links, software, chat, communication or other materials that is/are or which UPRIGHT AFRICA considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

IV. Links

 UPRIGHT AFRICA has no control over and is not responsible for the content of any unaffiliated websites that may be linked to or from the Website; the links are provided for your convenience only and you access them at your own risk.  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by UPRIGHT AFRICA of that third party or of any product or service provided by a third party.  Any concerns with respect to any other websites should be directed to that website’s administrator or webmaster.

 V. Copyrights, Trademarks & Restrictions

 The UPRIGHT AFRICA LOGO is registered with the U.S. Copyright Office and the U.S. Patent and Trademark Office.  Other materials included on the website, including Website design, text, graphics, and the selection and arrangement thereof are copyrighted © by UPRIGHT AFRICA. ALL RIGHTS RESERVED.  All other trademarks, product names, and company names or logos cited herein are the property of their respective owners and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.

Except as provided in these Terms you may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever, any materials from the Website without UPRIGHT AFRICA’s prior written permission.

VI. Notice and Take Down Procedures

If you believe any materials (Licensed or otherwise) on the Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act.  To follow those procedures, contact us and provide the following information:

  • A clear statement identifying the works, or other materials believed to be infringed.

  • A statement from the copyright holder or authorized representative that the materials are believed to be infringing.

  • Sufficient information about the location of the allegedly infringing materials so that UPRIGHT AFRICA can find and verify its existence.

  • Your name, telephone number and e–mail address.

  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

UPRIGHT AFRICA’s agent for notice of copyright issues on the Website can be reached as follows:
UPRIGHT AFRICA, INC.

P.O. Box 2146

Waco, TX 76703

VII. Indemnity

 By using the Website, you agree to indemnify UPRIGHT AFRICA for any and all claims, damages, losses, liabilities and causes of action (including expenses and reasonable attorneys’ fees) arising out of or relating to your breach or alleged breach of these Terms (including without limitation, claims made by third parties for infringement of intellectual property rights).  You agree to cooperate as fully as reasonably required in the defense of any claim.  UPRIGHT AFRICA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

VIII. Disclaimer, Limitation of Liability

 THIS WEBSITE IS PROVIDED BY UPRIGHT AFRICA ON AN “AS IS” AND “AS AVAILABLE” BASIS. UPRIGHT AFRICA MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE (1) OPERATION OF THE WEBSITE, (2) QUALITY, ACCURACY, TIMELINESS, OR VALIDITY OF INFORMATION OR MATERIALS (LICENSED OR OTHERWISE) OR ANY PART THEREOF, (3) WHETHER THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT USE OF THE WEBSITE AS AT YOUR SOLE RISK.

This Website may contain facts, views, opinions, statements and recommendations of third party individuals and organizations.  UPRIGHT AFRICA does not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website.  You acknowledge that any reliance on such opinion, advice, statement or information will be at your sole risk.
UPRIGHT AFRICA IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN THOUGH YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF UPRIGHT AFRICA  FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IX. Termination

UPRIGHT AFRICA may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms.  In the event that you are dissatisfied with the services provided by UPRIGHT AFRICA, your sole remedy is to terminate your use of the Website.

 X. Jurisdiction

UPRIGHT AFRICA operates the Website from its offices within the United States.  UPRIGHT AFRICA makes no representations that content and materials (Licensed or otherwise) on the Website are legal or appropriate for use from outside the United States.  If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.  You may not use the Website in violation of U.S.  export laws and regulations.

These Terms will be governed by and construed in accordance with the laws of the New York. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises.

 XI.  Comments, Complaints, and Questions

We welcome your feedback about the Website.  However, any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of UPRIGHT AFRICA, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.  Should you have any questions or complaints regarding violations of these Terms, please contact us.