Terms And Conditions
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available
through the UpCloseNews.com domain name, the UpCloseNews.com
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS OF UpCloseNews.com’s
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.UpCloseNews.com/privacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use theUpCloseNews.com Website.
2. UpCloseNews.com Website
These Terms of Service apply to all users of UpCloseNews.com Website,
including users who are advertisers who are posting video, text, and or audio ads
and other materials on the Website. The UpCloseNews.com Website
may contain links to third party websites that are not owned or controlled by
UpCloseNews.com. UpCloseNews.com has no control over,
and assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, UpCloseNews.com will not
and cannot censor or edit the content of any third-party by using the Website, you
expressly relieve UpCloseNews.com from any and all liability arising
from your use of any third-party website. Accordingly, we encourage you to be aware
when you leave the UpCloseNews.com Website and to read the terms
and conditions and privacy policy of each other website that you visit.
3. Website Access
UpCloseNews.com hereby grants you permission to use the Website as set forth in
this Terms of Service, provided that: (i) your use of the Website as permitted is
solely for viewing or reporting sports and news (ii) you will not copy or distribute
any part of the Website in any medium without UpCloseNews.com’s
prior written authorization; (iii) you will not alter or modify any part of the
Website other than as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and conditions of these
Terms of Service.
B. In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify UpCloseNews.com immediately of any breach
of security or unauthorized use of your account. Although UpCloseNews.com
will not be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of UpCloseNews.com or others due
to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the UpCloseNews.com servers in a given period
of time than a human can reasonably produce in the same period by using a convention
on-line web browser. Notwithstanding the foregoing, UpCloseNews.com grants the operators
of public search engines permission to use spiders to copy materials from the site
for the sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. UpCloseNews.com reserves the right
to revoke these exceptions either generally or in specific cases. You agree not
to collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the Website
for any commercial solicitation purposes.
4. Intellectual Property Rights
The content on the UpCloseNews.com Website, except all User Submissions
(as defined below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content") and
the trademarks, service marks and logos contained therein ("Marks"), are owned by
or licensed to UpCloseNews.com, subject to copyright and other
intellectual property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. UpCloseNews.com
reserves all rights not expressly granted in and to the Website and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or distribution
of User Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein. You agree
not to circumvent, disable or otherwise interfere with security related features
of the UpCloseNews.com Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the UpCloseNews.com
Website or the Content therein.
5. User Submissions
A. The UpCloseNews.com Website may now or in the future permit
the submission of videos or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are published UpCloseNews.com
does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize UpCloseNews.com to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii) you have
the written consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to UpCloseNews.com, you hereby grant UpCloseNews.com
a worldwide, non-exclusive, royalty-free, sublicense able and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the UpCloseNews.com Website and UpCloseNews.com’s
(and its successor's) business, including without limitation for promoting and redistributing
part or all of the UpCloseNews.com Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby grant
each user of the UpCloseNews.com Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission from
the UpCloseNews.com Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner
to post the material and to grant UpCloseNews.com all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could damage UpCloseNews.com
or any third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate
another person. UpCloseNews.com does not endorse any User Submission
or any opinion, recommendation, or advice expressed therein, and UpCloseNews.com
expressly disclaims any and all liability in connection with User Submissions. UpCloseNews.com
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, UpCloseNews will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on another's
intellectual property rights. UpCloseNews.com reserves the right to remove Content
and User Submissions without prior notice. UpCloseNews.com will also terminate a
User's access to its Website, if they are determined to be a repeat infringer. A
repeat infringer is a User who has been notified of infringing activity more than
twice and/or has had a User Submission removed from the Website more than twice
UpCloseNews also reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Use for violations other than copyright
infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene or defamatory material, or excessive length. UpCloseNews.com
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, 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):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law;
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
UpCloseNews designated Copyright Agent to receive notifications
of claimed infringement can be obtained by email: copyright@UpCloseNews.com, fax:
864-487-0344. For clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other communications
should be directed UpCloseNews customer service through contact us. You acknowledge
that if you fail to comply with all of the requirements of this Section 5(D), your
DMCA notice may not be valid.
E. You understand that when using the UpCloseNews.com Website, you will be exposed
to User Submissions from a variety of sources, and that UpCloseNews.com is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against UpCloseNews.com with respect thereto, and agree to
indemnify and hold UpCloseNews.com, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to your
use of the site.
F. You agree when posting reports on Upclosenews.com to not sell or allow any form
of advertising to be a part of your report. UpClosenews.com reserves all rights
to sell advertising on the Upclosenews.com network. As a reporter and/or poster
of reporting news and/or sports reports, you agree to not post phone numbers or
logos or brand names in your video report(s) so as to provide advertising to yourself
or a third party. You agree that all advertising will be confined to the advertising
spots, banners, or commercials sold by UpClsoeNews.com through the network’s advertising
module.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE UpCloseNews.com WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, UpCloseNews.com, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. UpCloseNews.com MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE UpCloseNews.com WEBSITE. UpCloseNews.com DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY AN ADVERTISER ON THIS SITE OR THIRD PARTY SITE THROUGH
THE UpCloseNews WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND UpCloseNews WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL HAGGLE-MANIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE UpCloseNews WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
UpCloseNews SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by UpCloseNews from its facilities
in the United States of America. UpCloseNews makes no representations that the UpCloseNews
Website is appropriate or available for use in other locations. Those who access
or use the UpCloseNews Website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless UpCloseNews.com, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the UpCloseNews Website; (ii) your violation of any term of these Terms of USE;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of USE and your use of the UpCloseNews Website.
9. Ability to Accept Terms of USE
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. In any case, you affirm that you are over the age of 13, as
the UpcloseNews Website is not intended for children under 13. If you are under
13 years of age, then please do not use the UpCloseNews Website.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by UpCloseNews.com without restriction.
11. General
You agree that: (i) the UpCloseNews.com Website shall be deemed solely based in
South Carolina; and (ii) the UpCloseNews.com Website shall be deemed a passive website
that does not give rise to personal jurisdiction over UpCloseNews.com, either specific
or general, in jurisdictions other than South Carolina. These Terms of Service shall
be governed by the internal substantive laws of the State of South Carolina, without
respect to its conflict of laws principles. Any claim or dispute between you and
UpCloseNews.com that arises in whole or in part from the UpCloseNews.com Website
shall be decided exclusively by a court of competent jurisdiction located in Cherokee
County, South Carolina. These Terms of Use, together with the Privacy Notice at
http://www. UpCloseNews.com/privacy and any other legal notices published by UpCloseNews.com
on the Website, shall constitute the entire agreement between you and UpCloseNews.com
concerning the UpCloseNews.com Website. If any provision of these Terms of Use is
deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Use,
which shall remain in full force and effect. No waiver of any term of this these
Terms of Use shall be deemed a further or continuing waiver of such term or any
other term, and UpCloseNews.com’s failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. UpCloseNews.com
reserves the right to amend these Terms of Use at any time and without notice, and
it is your responsibility to review these Terms of Use for any changes. Your use
of the UpCloseNews.com Website following any amendment of these Terms of Use will
signify your assent to and acceptance of its revised terms. YOU AND UpCloseNews.com
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UpCloseNews.com
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
