PropUp, LLC maintains the PropUpStore.com Website ("Site"). The following are the
terms of use that govern use of the Site ("Terms of Use"). By using the Site you
expressly agree to be bound by these Terms of Use and the PropUpStore.com privacy
policy and to follow these Terms of Use and all applicable laws and regulations
governing use of the Site. PropUp™ reserves the right to change these Terms
of Use at any time, effective immediately upon posting on the Site. Please check
this page of the Site periodically. We will note when there are updates to the Terms
of Use at the bottom of the Terms of Use. If you violate these Terms of Use, PropUp™
may terminate your use of the Site, bar you from future use of the Site, and/or
take appropriate legal action.
Limited License. You are granted a limited, non-exclusive, revocable and non-transferable
license to utilize and access the Site pursuant to the requirements and restrictions
of these Terms of Use. PropUp™ may change, suspend, or discontinue any aspect
of the Site at any time. PropUp™ may also, without notice or liability, impose
limits on certain features and services or restrict your access to all or portions
of the Site. You shall have no rights to the proprietary software and related documentation,
if any, provided to you in order to access the Site. Except as provided in the Terms
of Use, you shall have no right to directly or indirectly, own, use, loan, sell,
rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve,
or create any new or derivative works from, or display, distribute, perform, or
in any way exploit the Site, or any of its contents (including software) in whole
or in part.
Permitted Use. You agree that you are only authorized to visit, view and to retain
a copy of pages of this Site for your own personal use, and that you shall not duplicate,
download, publish, modify or otherwise distribute the material on this Site for
any purpose other than for personal use, unless otherwise specifically authorized
by PropUp™ to do so. You also agree not to deep-link to the site for any purpose,
unless specifically authorized by PropUp™ to do so. The content and software
on this Site is the property of PropUp™ and is protected by U.S. and international
copyright laws.
Representations By You. By visiting the Site, you represent, warrant and covenant
that (a) you are at least 13 years old; (b) that you are a resident of the United
States; and (c) that all materials of any kind submitted by you to PropUp™
through the Site or for inclusion on the Site will not plagiarize, violate or infringe
upon the rights of any third-party including trade secret, copyright, trademark,
trade dress, privacy, patent, or other personal or proprietary rights.
No Commercial Use. This Site may not be used by you for any commercial purposes
such as to conduct sales of merchandise or services of any kind.
Links and Search Results. The Site may automatically produce search results that
reference and/or link to third party sites throughout the World Wide Web. PropUp™
has no control over these sites or the content within them. PropUp™ does not
guarantee, represent or warrant that the content contained in the sites is accurate,
legal and/or inoffensive. PropUp™ does not endorse the content of any third
party site, nor does it make any representation or warranty about these sites, including
that they will not contain viruses or otherwise impact your computer. By using the
Site to search for or link to another site, you agree and understand that you may
not make any claim against PropUp™ for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link to another
site. If you have a problem with a link from the Site, you may notify us at info@propupstore.com.
Copyright Policy. PropUp™ may terminate the privileges of any user who uses
this Site to unlawfully transmit copyrighted material without a license, express
consent, valid defense or fair use exemption to do so. If you submit information
to this Site, you warrant that the information does not infringe the copyrights
or other rights of third parties.
Intellectual Property. Although PropUp™ is not responsible for the content,
quality or accuracy of data provided by users, compilations of such data, text,
information and other materials made available to users through PropUp™ system.
The online materials are PropUp™ intellectual property, and are protected
by U.S. and international intellectual property laws. The online materials may not
be copied or redistributed either in whole or in part without prior written consent
of PropUp™, except as expressly and specifically permitted under these Terms
of Use.
The online materials are and will remain the exclusive property of PropUp™.
All rights, titles and interests in and to the online materials will be and remain
vested solely in PropUp™. Under no circumstances will you have any right,
directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense,
redistribute, assign or otherwise convey the online materials, or any rights thereto,
except as expressly and specifically provided in the Terms of Use. Nothing in these
Terms of Use will convey to you any right, title or interest, except that of a license
with the express rights and subject to all limitations herein. Nothing in these
Terms of Use grants you the right, directly or indirectly, to use the online materials
to create a product for resale or to use the online materials in any way that competes
with PropUp, LLC or perfect these rights, titles or interests in PropUp LLC-s name.
Disclaimer of Warranty, Limitation of Damages. PropUp, LLC MAKES NO WARRANTY OR
REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS
IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE
PAGES AND/OR THE SITE. PropUp™ ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY
REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER.
PropUp™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF PropUp™ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF
CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. THE LIABILITY OF PropUp™ WOULD IN SUCH CASE BE LIMITED
TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
Violation of the Terms of Use. You understand and agree that in PropUp-s sole discretion,
and without prior notice, PropUp™ may terminate your access to the Site, or
exercise any other remedy available and remove any unauthorized user information,
if PropUp, LLC believes that the information you provide has violated or is inconsistent
with these Terms of Use, or violates the rights of PropUp™, or any third party,
or violates the law. You agree that monetary damages may not provide a sufficient
remedy to PropUp™ for violations of these Terms of Use and you consent to
injunctive or other equitable relief for such violations. PropUp™ may release
user information about you if required by law or subpoena.
Applicable Law. The Laws of the State of Oklahoma shall govern the use of the Site
and the Terms of Use, without regards to conflict of laws principals. All disputes
arising in connection therewith shall be heard only by a court of competent jurisdiction
in Tulsa County, Oklahoma.
Indemnity. You agree to indemnify and hold PropUp™, its subsidiaries, affiliates,
officers, agents and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorneys- fees, made by any third party due
to or arising out of or relating to your use of the Site, including also your use
of the Site to provide a link to another site or to upload content or other information
to the Site, or your breach of the Terms of Use.
License Granted by You. By providing materials to PropUp™, including by submitting
or uploading content or materials for use on the Site you represent and warrant
that you or the owner of all rights to such content or materials has expressly granted
PropUp™ an irrevocable world-wide right in all languages and in perpetuity
to use and exploit all or any part of the content and materials provided by you.
PropUp™ may publish and distribute any such submitted content or materials
at its sole discretion by any method now existing or later developed. You agree
that you shall waive all claims and have no recourse against PropUp™ for any
alleged or actual infringement or misappropriation of any proprietary rights in
any communication, content or material submitted to PropUp™. Any communication
or materials you send to PropUp™ will be treated as non-confidential and non-proprietary
and may be disseminated or used by PropUp, LLC for any purpose, including, but not
limited to, developing, creating, manufacturing or marketing products or services.
Advertising. The Site may contain advertisements and/or sponsorships. The advertisers
and/or sponsors that provide these advertisements and sponsorships are solely responsible
for insuring that the materials submitted for inclusion on the Site are accurate
and comply with all applicable laws. PropUp™ is not responsible for the acts
or omissions of any advertiser or sponsor.
Site Operation: PropUp™ controls this Site from Tulsa, Oklahoma, United States
of America. PropUp™ makes no representation that this Site is appropriate
for use in other locations. If you use this Site from other locations you are responsible
for ensuring compliance with local laws. You may not use, export or re-export any
materials from this Site in violation of any applicable laws or regulations, including,
but not limited to any United States export laws and regulations.
Purchases. All online purchases are also governed by the terms and conditions of
Yahoo.com. Please review Yahoo.com-s user agreement and privacy policy before entering
any transaction.
Interpretation. These Terms of Use supersede all other written and oral communications
or agreements with regard to the subject matters discussed in these Terms of Use.
A waiver or modification of these Terms of Use will only be effective if made in
writing signed by an authorized officer of PropUp™.
Severability. If any provision of the Terms of Use is held to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force
and effect.
Headings. Section titles in this Agreement are for convenience and do not define,
limit, or extend any provision of this Agreement.
- Copyright 2010. All Rights Reserved.