The content of the upspills.com website is protected by intellectual property laws and is the property of Upspills. Additional guidelines, restrictions, or rules pertaining to certain Site features will be posted on the Site in conjunction with those features.
These Terms include a reference to all such additional terms, guidelines, and rules.
The terms and conditions set forth in these Terms of Service govern your use of the Site and are legally binding. By accessing the Site after having read and accepted these Terms, you acknowledge that you are of legal age to form a binding contract and that you possess the legal right and ability to engage into these Terms. For legal and safety reasons, the site is restricted to those over the age of 18. Do not access and/or use the Site if you do not agree with all of the provisions of these Terms.
Visitor Accees to the Site
As per the terms above. Your use of the Site is limited to your own personal, noncommercial use and is provided to you by the Company on a limited, nonexclusive, revocable basis.
Those Limits Were Placed. You may not (a) sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied or distributed in any form or by any means without the prior written permission of the Site’s owner. All of the Site’s copyright and property notices must be included in any copies made.
The Company may, with or without prior notice to you, modify, suspend, or terminate the Site. You agree that the Company has no responsibility to you or any other party in the event of any modification, suspension, or discontinuance of the Site or any portion thereof.
Absence of Help and Upkeep. You acknowledge that the Company has no responsibility to offer you assistance with the Site.
You understand that the Company or the Company’s suppliers own all copyrights, patents, trademarks, and trade secrets in the Site and its content, excluding any User Content you may supply. Please be aware that, with the exception of the restricted access rights mentioned in Section 2.1, neither these Terms nor your use of the Site grant you any rights, title, or interest in or to any intellectual property rights. All rights not expressly granted herein are reserved by Company and its suppliers.
Third-Party Links & Ads; Other Users
Ads and links from outside sources. Ads and/or connections to third-party websites are possible on the Site. Company has no control over, and is not responsible for, Third-Party Links and Ads. Company does not examine, authorize, monitor, endorse, warrant, or make any statements with respect to Third-Party Links & Ads, and is merely providing access to them as a courtesy to you. If you click on any ads or links from a third-party website, you do so at your own risk and should exercise good judgment. Any use of Third Party Links and Ads is subject to the terms and policies of the applicable Third Party, including the Third Party’s privacy and data gathering practices.
Different Users. The content posted by each Site user is known as “User Content,” and such content belongs entirely to that user. You understand and accept that we are not liable for any User Content, whether provided by you or others, and that we have no control over User Content. You acknowledge and accept that the Company is not liable for any harm or loss that may arise from your participation in any such activities. We will not be responsible for any losses incurred as a result of any disagreements that arise between you and any other user of the Site.
You hereby waive and relinquish any and all past, present, and future disputes, claims, controversy, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature arising out of or relating to the Site, and you release and forever discharge the Company and our officers, employees, agents, successors, and assigns from any and all such disputes, claims, and demands. In connection with the foregoing, if you are a California resident you are waiving section 1542 of the California Civil Code, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Internet tracking tools such as cookies and beacons. Upspills employs ‘cookies,’ the same technology used by many other websites. Information such as the user’s preferences and the pages of the website they have visited can be stored in these cookies. Depending on the information we collect and learn about you, we use data to tailor our content to your specific needs and interests.
Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement, with respect to the Site and the Content. Neither we nor any of our vendors offer any assurances that the site will be suitable for your needs, that it will be accessible at all times, that it will be free of viruses or other malicious software, that it will be comprehensive, legal, or safe. All guarantees with respect to the Site are limited in length to ninety (90) days from the date of first use, unless longer periods are required by relevant law.
Please note that the following disclaimer may not apply to you if you live in a jurisdiction that does not permit the exclusion of implied warranties. The foregoing durational limitation may not apply to you if you live in a jurisdiction that does not permit limitations on the duration of an implied guarantee.
The Company and its suppliers shall not be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising out of or in connection with these Terms or your use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages. You agree that you will be solely responsible for any loss of data or damage to your device or computer system that may arise from accessing or using the site.
Notwithstanding anything to the contrary mentioned herein, to the maximum extent permissible by law, in no event will our liability to you for any damages arising from or related to this agreement exceed fifty U.S. dollars (u.s. $50). Simply having many claims does not increase this cap. You acknowledge that our vendors will incur no legal responsibility as a result of or in connection with this contract.
The foregoing limitation or exclusion may not apply to you, as it may be illegal in your jurisdiction to limit or exclude liability for incidental or consequential damages.
Definition of Term and Ending of Agreement. These Terms shall remain in full force and effect for your use of the Site, subject to the provisions of this Section. Any usage of the Site in violation of these Terms may result in immediate suspension or termination of your rights to access the Site in our sole discretion and without prior notice. If your Account or your right to access and use the Site is terminated for any reason, it will be effective immediately. You agree that in the event of Account termination, any and all User Content linked with your Account may be permanently deleted from our active databases. Upon termination of your rights under these Terms, the Company will have no responsibility or liability to you. The following sections of these Terms will remain in effect after your rights under these Terms have been terminated: Sections 2-2.5, Section 3, and Sections 4-10.
Restrictions on Unauthorized Duplication.
Company appreciates it when its Site visitors show the same regard for the intellectual property of others that it does. With regard to intellectual property law, including copyright law, we have adopted and implemented a policy that requires the removal of any infringing materials from our Site and the termination of users who are repeat infringers. If you believe that a user of our Site is infringing the copyright(s) in a work through that user’s use of our Site, and you want that material removed, you must provide the following information to our designated Copyright Agent in writing (pursuant to 17 U.S.C. 512(c)):
- your handwritten or digital signature;
- mention of the specific copyrighted work(s) that you believe were violated;
- a description of the content on our services that you believe violates your rights and that you want us to remove;
- sufficient information details to enable us to track down the relevant materials;
- your name, number(s), and email address(es);
- a declaration that you have a reasonable suspicion that the copyright owner, its agent, or the law does not permit use of the content in question; and
- a statement under penalty of perjury that you are the owner of the copyright that has been allegedly infringed or are authorized to act on behalf of the copyright owner and that the information in the notice is correct.
Please be aware that 17 U.S.C. 512(f) requires that the complaining party pay our damages, costs, and attorneys’ fees if the written notification contains any misrepresentation of material fact.
If we make any material changes to these Terms, we will let you know by sending you an email to the most recent e-mail address you supplied to us and/or by prominently posting notice of the changes on our Site. Keep us updated with your current e-mail address. Even if the recipient’s current e-mail address is invalid, our sending the email containing such notice will still be deemed sufficient notice of the changes mentioned in the notice, regardless of whether the recipient actually receives the email. Either thirty (30)calendar days after we send you an email notification or thirty (30)calendar days after we post notice of the changes on our Site, whichever comes first, shall be considered the effective date of any amendments to these Terms. For new visitors to our Site, the updated terms will go into effect immediately. If you continue to use our Site after receiving notice of such changes, it will mean that you accept and agree to the terms and conditions of the updated Site.
Resolving Conflicts. Attention: This Arbitration Agreement must be read carefully. It is a binding provision of your contract with the Company and may impact the benefits you receive from the deal. Included in its terms are guidelines for MANDATORY BINDING ARBITRATION and a WAIVER OF CLASS ACTION PROCEDURES.
Agreement to Arbitrate is to be Enforced. If a claim or dispute arises out of or relates to the Terms or the use of any product or service provided by the Company and cannot be resolved between the parties informally or in small claims court, then the parties agree to submit the dispute to binding individual arbitration under the terms of this Arbitration Agreement. The language of the arbitration shall be English unless both parties agree differently. You and the Company, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all users or beneficiaries, authorized or unauthorized, of services or goods provided under the Terms are all bound by this Arbitration Agreement.
Informal Dispute Resolution and Notice Requirement. One party must first give the other a written Notice of Dispute that sets up the essential facts and law surrounding the dispute, as well as the specific relief sought. Company correspondence should be addressed to Jawa Tengah, Indonesia. When the Company receives the Notice, it will determine whether or not it will engage in informal dispute resolution. A binding arbitration procedure may be initiated by either you or the Company after thirty (30) days have passed since the Notice was received. When determining the amount of the award to which each party is entitled, the arbitrator may not consider the amount of any settlement offer made by either party.
Norms for Arbitration. The American Arbitration Association (AAA), a nationally recognized service for alternative dispute resolution, shall serve as the arbitrator for any arbitration commenced pursuant to this provision. In the event that the AAA is unable to perform the arbitration, the parties agree to pick another ADR Provider. All parts of the arbitration, except where the ADR Provider’s rules contradict with the Terms, shall be governed by the ADR Provider’s rules. You may obtain a copy of the arbitration rules (AAA Consumer Arbitration Rules) by visiting adr.org or by calling the AAA at 1-800-778-7879. One impartial arbitrator will preside over the arbitration proceedings. When the amount in dispute is less than Ten Thousand United States Dollars (US $10,000.00), the party seeking relief may elect to have the matter determined by binding non-appearance-based arbitration. The Arbitration Rules shall determine whether or not you have the right to a hearing for claims or disputes if the total amount of the award sought is Ten Thousand United States Dollars (US $10,000.00). Except if you live outside of the United States and unless the parties agree otherwise, any hearing will be held in a location within 100 miles of your house. The arbitrator shall provide the parties with adequate notice of the date, time, and place of any oral hearings, including the date, time, and location if you live outside the United States. Any court with proper jurisdiction may enter judgment on the arbitrator’s award. The Company agrees to pay you the greater of the arbitrator’s award or $2,500.00 if it is higher than the Company’s final settlement offer to you before initiating arbitration. All expenses and disbursements incurred by a party in connection with the arbitration, as well as a fair share of the ADR Provider’s fees, should be borne solely by that party.
Arbitration Procedures in the Absence of a Personal Appearance The party who initiates the arbitration gets to decide whether it will be done by phone, online, or completely based on written submissions if they opt for non-appearance based arbitration. Except as otherwise agreed upon by the parties, neither the parties nor any witnesses need physically appear at the arbitration.
Time Restraints. To avoid losing your right to do so, either you or the Company must begin arbitration within the applicable statute of limitations and within any deadline imposed by the AAA Rules for the applicable claim.
The Arbitrator’s Power. In the event of an arbitration, the arbitrator will decide the rights and responsibilities of both you and the Company, and the dispute will not be aggregated with any other matters or joined with any other cases or parties. A claim or defense may be dismissed in whole or in part by a ruling from the arbitrator. Damages, as well as any non-monetary remedy or relief, are within the arbitrator’s purview to award under relevant law, the AAA Rules, and the Terms. Each party will receive a written award and statement of decision from the arbitrator outlining the key findings and conclusions upon which the award is based. The arbitrator has the same discretion as a judge would in a court of law to grant individual claims for relief. You and the Company must abide by the arbitrator’s decision.
Concealing Evidence and Refusing a Jury Trial. All claims and disputes between the parties hereto shall be settled by arbitration in accordance with this Arbitration Agreement, and the parties hereby waive their constitutional and statutory rights to a trial by jury or judge. Courts have much less authority to review arbitration awards and the procedures themselves are often more streamlined, cost-effective, and condensed than judicial proceedings. You and the Company each agree to forego your right to a jury trial in any lawsuit involving any claim or controversy between you and the Company that is not subject to arbitration, including any lawsuit to vacate or enforce an arbitration judgment or any other lawsuit.
Consolidated or Class Action Waiver. Individual arbitration or litigation is required for all claims and disputes covered by this arbitration agreement; no claims of more than one customer or user may be arbitrated or litigated jointly or combined with the claims of any other customer or user.
Confidentiality. The entirety of the arbitration process will be held in the strictest confidence. Unless compelled by law, the parties undertake to keep all information secret. Nothing in this paragraph shall preclude a party from providing any information to a court of law that is necessary to enforce this Agreement, enforce an arbitration award, or obtain injunctive or equitable relief.
To the extent that any provision of this Arbitration Agreement is held to be unlawful or unenforceable by a court of competent jurisdiction, such provision(s) shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The Ability to Refuse to Participate. The party being sued may choose to forgo some or all of their rights and protections under this Arbitration Agreement. No other provision of this Arbitration Agreement shall be considered waived or affected thereby.
Contractual Continuity Clause. Once your employment with the Company ends, this Arbitration Agreement will remain in effect.
Court for Minor Disputes. Despite the foregoing, you or the Company may file a claim in a local small claims court as an individual.
Help for all parties involved, immediately. Regardless of the preceding, either party may apply for emergency equitable relief in a state or federal court to preserve the status quo until arbitration. The filing of a motion for interim measures will not constitute a waiver of any other rights or obligations under this Arbitration Agreement.
Exceptions to Arbitration Notwithstanding the foregoing, this Arbitration Agreement does not apply to claims of defamation, violation of the Computer Fraud and Abuse Act, or infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets.
The parties agree to submit to the personal jurisdiction of the courts located in the County of Netherlands, California, should the conditions arise where litigation between the parties is permitted despite the following Arbitration Agreement.
Some countries have export or import regulations that may affect your use of the Site. Any U.S. technical data you obtain from the Company, as well as any products that use that data, must not be exported, re-exported, or transferred in any way that would violate U.S. export laws and regulations.
The Company’s Headquarters Can Be Found at the Address Provided in Section 10.8. The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs can be reached by mail at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.
Messages sent and received via electronic means. All of the exchanges between you and the Company, including your use of the Site and our emails as well as the Company’s posting of notices and contacts with you via email, take place electronically. You agree that (a) any and all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing, and (b) any and all contracts that the Company enters into with you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
Full Conditions. There is no other agreement between you and us other these Terms that governs your use of the Site. A failure on our part to exercise or enforce any right or provision of these Terms will not be construed as a waiver of such right or provision. The headings of the sections in these Terms are only for organizational purposes and have no substantive, contractual significance. The term “inclusive” suggests that all possibilities are open. In the event that any provision of these Terms is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby, and the invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable. Company and you are not partners or agents of each other; rather, you are independent contractors working together. You may not assign, subcontract, delegate, or transfer these Terms or your rights or responsibilities hereunder without the prior written agreement of Company, and any assignment, subcontract, delegation, or transfer in violation of the above will be null and invalid. These Terms are freely assignable by Company. Assignees shall be bound by the terms and conditions set out in these Terms.
You Can Expect No Invasion of Your Personal Space. Check out our Statement of Privacy.
Details about Copying and Trademarks. Author’s original work; copyright. The rights to this work are reserved. We or other third parties own all trademarks, logos, and service marks used and displayed throughout the Site. Without our prior written approval or the consent of such third party which may own the Marks, you may not use these trademarks.
Getting in Touch
Location: San Francisco, USA
If you’d like to get in touch with us, please send an email to [email protected]