Terms and Regulations
Welcome to upmela.com
These terms of service (these “Terms”) apply to the services provided by Content Ventures (“upmela.com,” “we,” “us” or “our”) via http://www.upmela.com (the “Site”) (collectively, the “Service”).
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Description of the Service
The Service enables you to post, store and make available to you and others videos, (“User Content”).
When you create a member account you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. upmela.com reserves the right to deny, deactivate, or terminate any account at our discretion.
Right to Use the Service
On the condition that you fully comply with these Terms, upmela.com grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Prohibited Use of the Service
You may not post, store or otherwise make available on or through the Service any of the following:
• User Content that contains private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);
• User Content that is libelous, defamatory, abusive, offensive or hateful;
• User Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
• User Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
• User Content that promotes terrorism or other acts of violence;
• User Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
• User Content that may contain viruses, corrupted data or other harmful, disruptive or destructive files or code;
• User Content that, in upmela.com's judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose upmela.com or users of the Service to harm or liability of any type; and/or
• User Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Service or other users:
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
• Collect any personal information about other users;
• Intimidate, threaten, stalk, bully or otherwise harass other users;
• Promote terrorism or other acts of violence;
• Post spam or commercial messages through the Service;
• Create an account or any post any User Content if you are not over 13 years of age;
• Use automated means to submit or edit User Content (except as we otherwise permit);
• Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; and
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.
Your use of the Service is at your own risk. upmela.com is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. When you post, store or otherwise make available User Content to the Service, you grant us a nonexclusive, royalty-free, perpetual and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content in order to provide the Service. Also, when you post, store or otherwise make available User Content to the Service, you grant us a nonexclusive, royalty-free, perpetual and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content for our business and marketing purposes. You represent and warrant that (a) you own and control all of the rights to all User Content that you post, store or otherwise make available to the Service, and (b) your posting, storing or otherwise making available of User Content does not violate these Terms and will not cause injury to any person or entity or violate, misappropriate or infringe any intellectual property rights, rights of privacy, rights of publicity or any other rights of any individual or entity. As a provider of the Service, upmela.com is not liable for User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have the discretion, to screen, edit or remove any User Content at any time, for any reason and without notice.
Reporting and Removal
upmela.com users may report User Content to upmela.com that he/she thinks violates these Terms, and upmela.com may remove that Content, suspend or terminate the account of the user who posted, stored or otherwise made available User Content and/or take additional action to enforce these Terms against such user. Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, upmela.com has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We also may, at our discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification to upmela.com 's [email protected] Address of Designated Agent: 33 Shehab Telephone Number of Designated Agent: 376016007
Email Address of Designated Agent: [email protected] Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees. upmela.com or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
upmela.com’s name, trademarks, logos, and any other upmela.com product, service name, or slogan included in the Service are property of upmela.com and may not be copied, imitated, or used (in whole or in part) without upmela.com’s prior written consent. All information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by upmela.com or is used with permission. upmela.com reserves all rights not expressly set forth in these Terms.
Third Party Materials
We may make third party content or services available on or through the Service as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Our users may also include Third Party Materials in the User Content that they post, store or otherwise make available to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Service, you should be aware that these Terms and all other upmela.com policies no longer govern your use of other websites and services.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL upmela.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND USER CONTENT), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Service, the User Content you have posted, stored or otherwise made available via the Service, or any violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your upmela.com account.
Changes to the Service
upmela.com reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. upmela.com will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected]
Suspension and Termination
upmela.com may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at upmela.com's discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at [email protected]
Third-Party Infrastructure Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that upmela.com uses a third party hosting infrastructure in connection with the Service (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and upmela.com assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure. Electronic Communications By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected] Severability If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Force Majeure upmela.com is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by upmela.com, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
If you have any questions regarding the use of the Service, please email upmela.com at [email protected] .