PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. ALL ACCESS TO AND USE OF THIS SITE IS GOVERNED BY THESE TERMS.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
[uptogane.com](“ uptogane “) may revise and update these Terms and Conditions at any time. Your continued usage of the uptogane website (“uptogane Site,” or the “Site,”) will mean you accept those changes.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Materials
All materials posted on this site are protected by the copyright laws in the United States and in foreign countries. uptogane authorizes you to view or download a single copy of the material on the uptoganeSite solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2019, uptogane. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the uptogane Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the materials remains with uptogane or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of uptogane. All rights not expressly granted herein are reserved to uptogane and its licensors.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
Liability of uptogane and Its Licensors
The use of the uptogane Site and the Content is at your own risk.
All information provided on this website is subject to change without notice.
When using the uptogane Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of uptogane and its suppliers. Accordingly, uptogane assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the uptogane Site.
The uptogane Site and the content are provided on an “as is” basis. uptogane, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, uptogane, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the uptogane Site or uptogane.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the uptogane Site.
In no event shall uptogane, its licensors, its suppliers, or any third parties mentioned on the uptogane Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the uptogane Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not uptogane, its licensors, its suppliers, or any third parties mentioned on the uptogane Site are advised of the possibility of such damages. uptogane, its licensors, its suppliers, or any third parties mentioned on the uptogane Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. uptogane, its licensors, its suppliers, or any third parties mentioned on the uptogane Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to uptogane is governed by the uptogane Privacy Policy. To the extent there is an inconsistency between this Agreement and the uptogane Privacy Policy, this Agreement shall govern.
The Site contains functionality (including blogs, message boards, user reviews of drug information, etc.) that allows users to upload content to the Site (collectively “Public Areas”) and users may also upload content via our official brand presence on social media platforms and branded hashtags (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively “Social Media Platforms”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or content to the Public Areas or Social Media Platforms, you agree that such submission is non-confidential for all purposes. It is important to note that uptogane is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platforms you should review its terms of use and policies, including its privacy policy.
If you make any such submission you agree that you will not send or transmit to uptogane by email, (including through the email address listed on the “Terms of Use” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to uptogane by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to uptogane by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- uptogane a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. uptogane may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to uptogane by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos or audio) on the uptogane site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the uptogane site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
IT IS STRICTLY PROHIBITED TO UPLOAD MEDIA OF ANY KIND THAT CONTAIN EXPRESSIONS OF HATE, ABUSE, OFFENSIVE IMAGES OR CONDUCT, OBSCENITY, PORNOGRAPHY, SEXUALLY EXPLICIT OR ANY MATERIAL THAT COULD GIVE RISE TO ANY CIVIL OR CRIMINAL LIABILITY UNDER APPLICABLE LAW OR REGULATIONS OR THAT OTHERWISE MAY BE IN CONFLICT WITH THESE TERMS AND CONDITIONS AND THE uptogane PRIVACY POLICY.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media on the uptogane site or a Social Media Platform like a photo or video, (a) you grant to uptogane a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes uptoganeto use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify uptogane and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
uptogane reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
uptogane Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms;
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to any or all Public Areas and/or the uptogane Site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform;
Edit or delete any communication(s) posted on the uptogane Site, regardless of whether such communication(s) violate these standards;
uptogane or its licensors have no liability or responsibility to users of the uptogane Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
uptogane may provide links to third-party web sites. uptoganealso may select certain sites as priority responses to search terms you enter and uptogane may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. uptogane does not recommend and does not endorse the content on any third-party websites. uptoganeis not responsible for the content of linked third-party sites, sites framed within the uptogane Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. uptoganedoes not endorse any product, service, or treatment advertised on the uptoganeSite.
Indemnity
You agree to defend, indemnify, and hold uptogane, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
uptogane makes no claims that uptogane, or any Site within the uptogane Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the uptogane Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with uptogane, or in any way relating to your use of the uptogane Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving uptogane or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting uptogane’s e-mail and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
Your name, address, telephone number and (if available) e-mail address;
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, uptoganemaintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the uptogane Site, these Terms and Conditions and the uptogane Privacy Policy constitute the entire agreement between you and uptogane with respect to the use of the uptogane Site, and Content.
Thank you for your cooperation. We hope you find the uptoganeSite helpful and convenient to use!