Terms of Service
The following Terms of Service (“Terms of Service” or “Terms”) govern your access to, and use of, the Upscribe.io website and the Upscribe Shopify Integration (each and collectively the “Services”) operated by Upscribe Inc. (hereinafter “Upscribe”). The terms “you,” “your,” and “yours” refer to the user/customer using the Services.
All copyrighted and copyrightable materials on the Services, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, “Materials”) are the exclusive property of Upscribe Inc. and/or its licensors.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Materials posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the Infringement of any Materials found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists ora copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com.
Indemnification and Your Liability
You are solely responsible for your activities on our Services, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Upscribe and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party that you submit or a third party submits on your behalf or using your account.
You accept all responsibility and release Upscribe from any liability arising out of or relating to your use of the content related to the Services.
“Upscribe,” “Upscribe.io” and Upscribe’s logos are trademarks, service marks or registered trademarks of Upscribe Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Upscribe or its suppliers or licensors. The Services and its Materials, features and functionality are and will remain the exclusive property of Upscribe and its licensors. The Services is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without Upscribe’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Upscribe, and may not be copied, imitated, or used, in whole or in part, without Upscribe’s prior written permission. All other Upscribe names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Upscribe.
Accuracy of materials
The materials appearing on Upscribe Services could include technical, typographical, or photographic errors. Upscribe does not warrant that any of the materials on its Services are accurate, complete or current. Upscribe may make changes to the materials contained on its Services at any time without notice. However Upscribe does not make any commitment to update the materials.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE MATERIALS ON UPSCRIBE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. UPSCRIBE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
Further, Upscribe does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any sites linked to this site.
IN NO EVENT SHALL UPSCRIBE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON UPSCRIBE SERVICES, EVEN IF UPSCRIBE OR A UPSCRIBE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Upscribe has not reviewed all of the sites linked to its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upscribe of the site. Use of any such linked Services is at the user’s own risk.
Applicable Law and Venue
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service.
Interruption of Service
Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Upscribe, in its sole discretion, may elect to take. In no event, will Upscribe be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Upscribe to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Changes to This Terms of Service
This policy is made effective as of December 1st, 2020.