User Agreement

Welcome to Uptake! This agreement describes your rights and responsibilities as a Uptake user and what you can expect from us.

Content. You retain all ownership rights to the text, pictures, video, sound and other content you publish on Uptake.com or that we can access from your Facebook account (collectively, your Content). However, we can (but are not obligated to) publish all or teaser portions of your Content online and offline and permit others to do the same. Except as specified in the privacy statement or on our site, you may be able to edit or remove Content from Uptake.com at any time; but if we have distributed your Content to others, we may be unable to require them to make the same changes. We have no obligation to pay you for Content.

Please do not provide us any Content you dont have the right to publish or that is defamatory, infringing, illegal or otherwise tortious. You may not submit Content where you have an undisclosed conflict of interest. For example, you may not tout any business that you (or a close family member) have a financial interest in unless you clearly disclose that relationship in your Content.

If you believe content on Uptake.com infringes your copyright, you can reach our notification agent at Uptake, Inc., 1134 Crane Street, Suite 200, Menlo Park, CA 94025. Phone: (650) 485-2466. Fax: (650) 515-3112. Email: copyright@uptake.com. Your notice must satisfy the requirements enumerated in 17 U.S.C. 512(c)(3).

Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. You can find some current providers of such protections here.

Personalization. We may personalize your view of our site and the emails we send, including the content and advertising we show you, based on a number of factors, including user ratings of content and you and your friends activities on the site or on Facebook.

Termination. You can cancel your account at any time by contacting us. You can delink your account from your Facebook account, and terminate your access to your Uptake account, by deactivating the Uptake app in Facebook. We can cancel or suspend your account, or otherwise refuse service to you, at any time for any reason (including repeat IP infringement and incivil behavior). Following suspension or termination of your account for any reason (including inactivity), at our sole option, we and our licensees may continue (or stop) publicly displaying some or all of your Content.

Other Rules. We permit only one account per person. You may not share your account password with anyone else. You may not provide false registration information or select a username that infringes third party rights or misleads about your credibility or affiliation. You shall comply with all laws and regulations applicable to your access and use of Uptake.com and publication of your Content. Except as we authorize in our robots.txt page or otherwise, you may not use any automated means (such as a robot, spider, scraper or script) to access Uptake.com, submit information to it or collect information from it.

Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH UPTAKE.COM, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $50. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

Governing Law/Arbitration. This Agreement is governed by California law as it applies to agreements entered into and to be performed entirely within California between California residents. Any claim or dispute regarding Uptake.com must be resolved exclusively by a federal or state court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the next paragraph. You submit to the personal jurisdiction of courts located in Santa Clara County, California for litigating such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrators judgment may be entered in any court of competent jurisdiction.

Integration. This agreement and our privacy statement (which is hereby incorporated into this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement by posting the amended terms to http://www.uptake.com/terms_of_use.html (or, if we are amending the privacy policy, to http://www.uptake.com/privacy_policy.html) and sending you an email announcing the amendment; the amendment will be effective when we attempt to email you. Otherwise, this agreement may be amended only by a writing physically signed by both us and you. Our suppliers are third-party beneficiaries of this agreement, but no one else is.

No Warranty. UPTAKE.COM AND ITS SERVICES ARE PROVIDED AS IS. We do not promise that any aspect of the site or our system will work properly or continuously. Site information (including pricing and product information) may be out-of-date or inaccurate; confirm all information before relying on it. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control.