Updated: May 25, 2017
TABLE OF CONTENTS
• HOW YOUR INFORMATION IS USED
• ORDER AND PAYMENT PROCESSING, CUSTOMER SERVICE, CREDIT CARD ISSUERS AND QUALITY ASSURANCE
• CONTACTING YOU FOR OFFERS AND PROMOTIONS
• USE OF DEMOGRAPHIC INFORMATION
• SHARING INFORMATION
• THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF
• COMPANY SECURITY
• AGGREGATE INFORMATION
• CORPORATE CHANGE
• FLASH COOKIES
• SESSION IDS
• WEBSITE TRACKING AND REPORTING
• IP ADDRESS
• BANNER ADS
• DIRECT LINKING URLS OR HOTLINKING
• DO NOT TRACK SIGNALS
• INFORMATION FROM OTHER SITES
• AD SERVING TECHNOLOGY
• SOCIAL NETWORKING & WIDGETS
• NON-US USERS
• SECURITY PRECAUTIONS
• HOW TO CONTACT US
• YOUR CHOICES / UNSUBSCRIBE
• NOTICE TO CALIFORNIA RESIDENTS / YOUR CALIFORNIA PRIVACY RIGHTS
• CHOICE OF LAW
4. How Your Information is Used
b. Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance: We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Services, or register with the Services, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
c. Contacting You for Offers and Promotions: You agree, in consideration for the use of the Services provided by Uproxx, to allow Uproxx to use your PII to send you marketing and promotional materials. Company may also send you marketing and promotional materials that promote third party products. Company will not rent or sell your PII for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from Company or third parties.
d. Use of Demographic Information: Uproxx may use your demographic information to perform business analyses or to tailor the Services and communications to your interests.
5. Sharing Information
Third parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) product customization, (b) marketing and promotional material distribution, (c) website evaluation, (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access the Services' user information, including PII, to the extent it is needed to perform their duties and functions.
Company Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Services and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our Services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited the Services during a specific time period or purchased a specific product through the Services
Promotions: If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
Flash Cookies: The Services enable the use of the Adobe Flash Player. Adobe's Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates "flash cookies" (also known as "persistent identification elements" or "local shared objects"). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating "Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on your computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player." The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any memory space on your computer or mobile device, you may not be able to take advantage of or participate in certain features on the Services. Users with a computer running the Windows operating system can view flash cookie files in this folder: Documents and Settings[username]Application DataMacromediaFlash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an ".SOL" extension.
Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
Session IDs: "Session IDs" allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the user's internet browser program does not support cookies then Uproxx will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.
IP Address: Each time you visit the Services, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Services for you and to diagnose problems with the Services, we use your IP address to help identify you and to gather broad demographic information about you.
Banner Ads: The Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our Services, such as the number of times you have viewed the ad. Uproxx is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. Uproxx does not sponsor, endorse or guarantee any products or services advertised by third parties on its site.
Direct Linking URLs or Hotlinking: In order to provide more relevant advertising and monitor user bandwidth usage (as governed by the Uproxx Terms of Service), Uproxx may gather data from the referer logs that identify where and how frequently user images being hosted by the Services are being displayed on third party sites.
Do Not track Signals: Some internet browsers allow you to automatically transmit a "Do Not Track" signal to websites and other online services that you visit. As there is no consensus among industry participants as to what "Do Not Track" means in this context, Uproxx, like many other similarly situated websites and online services, does not alter its practices when it receives a "Do Not Track" signal from any visitor's browser. To find out more about "Do Not Track," please visit www.allaboutdnt.com.
7. Information from Other Sites
8. Ad Serving Technology
In addition, Uproxx may use pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partners (each, a "Management Partner"). These files enable our Management Partners to recognize a unique cookie on your Web browser. The cookie was placed by us, or by another advertiser who works with the applicable Management Partner. The Management Partner may set and access its own cookies on your Web browser in order to serve ads it believes may be of interest to you based on the profile information you provided to us at registration (e.g., demographic information) as well as information collected about you by the applicable Management Partner elsewhere on the Web. Management Partners may use information about you gathered from the Services (including your demographic information provided to us upon registration as well as your browsing behavior on the Website) to serve third party ads to you elsewhere on the Internet.
While Uproxx may use a variety of service providers to perform advertising and analytics services, some of these companies may be members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit http://www.aboutads.info/choices, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online
9. Social Networking and Widgets
Uproxx may offer you the possibility to connect your accounts from third party social networking sites, such as Facebook and Twitter (each, a "Social Networking Site"), with the Services by an application programming interface (API) or other software (also known as "widgets"). By allowing Uproxx to connect with your accounts on such Social Networking Sites, you consent to Uproxx's accessing the information in those accounts, which information may include PII. You likewise consent to Uproxx's publishing on the Services any such information or actions you take on other such Social Networking Sites. Any information accessed or published from your account on a Social Networking Site on the Services is subject to Uproxx's Terms of Service. It is your choice whether to use any such Social Networking Site, and you understand that in some instances such Social Networking Sites may request to access and publish information about you or your friends that is included in your Uproxx Account.
10. Non-US Users
If you are not a resident of the United States, you understand and agree that Uproxx collects, stores and processes your information on computers located in the United States, and by providing any data to Uproxx, you agree and unconditionally consent to the transfer of such information to the United States.
11. Security Precautions
Uproxx has security measures in place to help protect against the loss, misuse and alteration of the information under our control. We use secure socket layer (SSL) technology to help protect the security of commerce transactions. We encrypt your contact information and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and make all commercially reasonable efforts to do so, Uproxx cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
12. How to Contact Us
13. Your Choices/Unsubscribe
You will have an opportunity to unsubscribe from receiving promotional material from the Services by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Additionally you may send us a message using our "Contact Us" page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.
In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Company largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
14. Notice to California Residents/Your California Privacy Rights
Do Not Track Signals: Some internet browsers allow you to automatically transmit a "Do Not Track" signal to websites and other online services that you visit. As there is no consensus among industry participants as to what "Do Not Track" means in this context, Uproxx, like many other similarly situated websites and online services, does not alter its practices when it receives a "Do Not Track" signal from any visitor's browser. To find out more about "Do Not Track," please visit www.allaboutdnt.com
15. Choice of Law
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS The Uproxx Sites may serve, if we so elect, as a hub for users to post content, participate in contests, and to enjoy the content posted by Uproxx and other users (collectively, the "Content"). The Content, our video player, and any other features, tools, materials, or other services offered from time to time by Uproxx through a variety of Access Points (defined below) are referred to collectively as the "Uproxx Services." The term "Access Points" refers to, collectively, the Uproxx Sites, applications, and other means through which the Uproxx Services may be accessed. Use of the Uproxx Services is subject to compliance with these Terms and any contest rules or other agreements that you enter into with Uproxx with respect to a specific contest or other promotion (each, a "Promotion Agreement"). When there is a conflict between a Promotion Agreement and these Terms, the Promotion Agreement controls. By using any of the Uproxx Services, you are agreeing to these Terms.
2. CHANGES TO THESE TERMS We may need to make changes to these Terms for many reasons. You should look at these Terms regularly, which are posted on each of the Uproxx Sites and are accessible via a link at the top of every page. If we make a material change to these Terms, we will notify you by posting notice of the change on each of the Uproxx Sites. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially posted.
3. ACCESS AND USE OF THE UPROXX SERVICES
3.1 Age Limitations. If you are under the age of 13, you are not permitted to use the Services, register with Uproxx or any of the Uproxx Sites, or provide your personal information to Uproxx in any way, shape or form
3.2 Your License. Uproxx is pleased to grant you a non-exclusive limited license to use the Uproxx Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any software or other means interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism or other content protection or measure associated with the Content. You may not either directly or through the use of any software or other means copy, download, distribute, modify, display, sell, or transmit the Content. You may not make the Content available via frames or in-line links. In addition, you are prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Uproxx video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player.
3.5 Embedding a Video Using the Video Player. Where Uproxx has incorporated an embed option in connection with Content on the Uproxx Services, you may embed videos using the video player, provided you do not embed the Video Player on any website or other location that contains, links to, or hosts content that is unlawful, pornographic, obscene, libelous, threatening, vulgar, hateful, racially offensive, encourages criminal conduct, gives rise to civil liability, infringes any right of any third party, or is otherwise inappropriate or objectionable to Uproxx in its sole discretion (collectively, "Unsuitable Material"). Uproxx reserves the right to prevent embedding to any website or other location that Uproxx finds inappropriate or objectionable, as determined by Uproxx in its sole discretion.
3.6 Ownership. You agree that Uproxx owns and retains all rights to the Uproxx Services. You further agree that the Content you access and view as part of the Uproxx Services is owned or controlled by Uproxx and/or Uproxx's licensors.
3.7 Your Responsibilities. You will not use the Uproxx Services in a way that:
• Violates the rights of others, including trademark, copyright, privacy, publicity, or other proprietary rights;
• Uses technology or other means to access, index, frame or link to the Uproxx Services that is not authorized by Uproxx (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
• Involves accessing the Uproxx Services through any automated means, including "robots," "spiders," or "offline readers";
• Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Damages, disables, overburdens, impairs, or gains unauthorized access to the Uproxx Services, including Uproxx's servers, computer network, or user accounts;
• Removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Uproxx Services;
• Uses the Uproxx Services to advertise or promote services that are not expressly approved in advance in writing by Uproxx;
• Violates these Terms or any guidelines or policies posted by Uproxx;
• Interferes with any other party's use and enjoyment of the Uproxx Services; or
• Attempts to do any of the foregoing.
3.8 No Spam/Unsolicited Communications. You may not use the Uproxx Services to harvest information about users for the purpose of sending, or to facilitate the sending of, unsolicited bulk or other communications. If you Post (as defined in Section 6 below) or otherwise send spam or other unsolicited communications of any kind through the Uproxx Services, you acknowledge that you will have caused substantial harm to Uproxx and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Uproxx $50 for each such unsolicited communication you send through the Uproxx Services.
3.9 Additional Terms. In order to participate in certain Uproxx Services or access certain Content, you may be notified that it is necessary to agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.10 Suspension/Discontinuation. We may change, suspend, or discontinue some or all of the Uproxx Services with respect to any or all users, at any time without notice or liability to you.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Uproxx. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. You are responsible for all use of your account. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Uproxx Services. All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at email@example.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes. We reserve the right to immediately terminate your use of the Uproxx Services at any time, without notice or liability, if Uproxx determines in its sole discretion that you have breached these Terms or for any other business reason.
6. USER MATERIALS, REVIEWS, AND COMMENTS
6.1 Your Posts. As part of the Uproxx Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") videos, blogs, reviews, comments, or other materials (collectively, "User Material"). In order to keep the Uproxx Services enjoyable for all of our users, you must adhere to the rules below.
You must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Uproxx the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Uproxx will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Uproxx does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Uproxx. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Uproxx a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Uproxx Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Uproxx is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Uproxx), fully-paid, royalty-free (meaning that Uproxx is not required to pay you for the use of your User Material), and sublicensable. By Posting your User Material, you also hereby grant each user of the Uproxx Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Uproxx Services and under these Terms.
6.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Uproxx does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Uproxx. We reserve the right, but have no obligation, to remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Uproxx assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Uproxx with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing firstname.lastname@example.org with subject line: "Inappropriate User Material".
7. LINKED DESTINATIONS AND ADVERTISING
7.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Uproxx operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Uproxx Services, we will not warn you that you have left the Uproxx Services and are subject to the terms and conditions (including privacy policies) of another website or destination.
Uproxx is not responsible for the content or practices of any website or destination other than the Uproxx Sites, even if it links to any of the Uproxx Sites and even if the website or destination is operated by a company affiliated or otherwise connected with Uproxx.
7.2 Advertisements. Uproxx takes no responsibility for advertisements or any third party material Posted on any Access Point where the Uproxx Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Uproxx Services are between you and the advertiser, and you agree that Uproxx is not liable for any loss or claim that you may have against an advertiser.
Uproxx and other Uproxx marks, graphics, logos, scripts, and sounds are trademarks of Uproxx. None of the Uproxx trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is Uproxx's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Uproxx's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Uproxx creative work, including a film, series, story, title, or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY YOU AGREE THAT USE OF THE UPROXX SERVICES IS AT YOUR OWN RISK. THE UPROXX SERVICES, INCLUDING THE UPROXX SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UPROXX DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE UPROXX SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL UPROXX OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "UPROXX PARTIES"), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE UPROXX SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE UPROXX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE UPROXX PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE UPROXX SERVICES. UPROXX RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Uproxx Services, including through a link, infringes your copyright, you should notify Uproxx of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Uproxx receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Uproxx's copyright agent at IPClaims@uproxx.com with subject line: "DMCA Takedown Request". You may also contact us by mail or facsimile at:
Attention: Copyright Agent
Uproxx Media Group Inc.
10381 Jefferson Blvd.
Culver City, CA 90232
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Uproxx Services that is reasonably sufficient to enable Uproxx to identify and locate the material; (iv) how Uproxx can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Uproxx has a policy of terminating repeat infringers in appropriate circumstances.
13. RESOLUTION OF CLAIMS
In an attempt to find the quickest and most efficient resolution of any issues between you and Uproxx, you and Uproxx agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Uproxx Media Group Inc, 10381 Jefferson Blvd., Culver City, CA 90232 - Attn: Legal Department.
14. GENERAL INFORMATION
14.1 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Uproxx Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, State of California for any claim seeking injunctive relief and/or damages in excess of $15,000.
14.3 No Waiver/Reliance. If we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Uproxx's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.