Articles and accompanying materials published by FUP on the FUP Sites, unless otherwise indicated, are licensed by the respective authors of such articles for use and distribution by you subject to citation of the original source in accordance with the Creative Commons Attribution (CC BY) license.

OWNERSHIP OF CONTENT

The copyright in the material contained on the FUP Sites belongs to FUP or its licensors. The trademarks and other elements appearing on the FUP Sites are protected by international copyright, trade dress, patent, and trademark laws, international conventions and other relevant and applicable laws.

OWNERSHIP OF SITES

Unless otherwise indicated, the FUP Sites are the property of FUP. You acknowledge and agree that the FUP Sites, and any necessary software used in connection with the FUP Sites, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All FUP Sites code and specifications are subject to their stated or implied licenses.

PRIVACY

You confirm that you have read and accept our Privacy Policy.

GENERAL PRACTICES REGARDING USE

FUP reserves the right to limit, suspend or terminate your access and use of the FUP Sites at any time without notice.

ARTICLE AND CONTENT SUBMISSION

By submitting articles for publication or other content for posting on the FUP sites, you agree to (i) comply with these Terms of Use, (ii) have the Creative Commons Attribution (CC BY) license applied to material you submit, and (iii) provide any information required by FUP during or as part of the submission process. You are responsible for all content that you submit for posting or publication on the FUP Sites.

IMPERMISSIBLE ACTS

As a condition to your use of the FUP Sites, you agree not to:

• Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic or offensive; or that infringes another’s rights, including any intellectual property rights
  
  
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or obtain, collect, store or modify personal information about other users
  
  
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation
  
  
• Modify, adapt or hack the FUP Sites or falsely imply that some other site is associated with the FUP Sites or FUP
  
  
• Use the FUP Sites for any illegal or unauthorized purpose. You must not, in the use of the FUP Sites  violate any laws in your jurisdiction (including but not limited to copyright laws)

VIOLATION OF THESE TERMS OF USE

You acknowledge that FUP has no obligation to pre-screen or monitor your access to or use of the FUP Sites or any information, materials or other content provided or made available through the FUP Sites, but has the right to do so. You hereby agree that FUP may, in the exercise ofFUP’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use or that is otherwise objectionable.

MODIFICATIONS TO THE FUP SITES AND TERMS OF USE

FUP reserves the right to modify or discontinue, temporarily or permanently, the FUPS Sites (or any part thereof) with or without notice at any time. You agree that FUP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FUP Sites. FUP reserves the right to change these Terms of Use by posting changes on this page of the FUP Sites. By using theFUP Sites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

LINKS

The FUP Sites may provide links to other web sites or resources. You acknowledge and agree that FUP is not responsible for the availability of such external sites or resources, and that FUP does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your business dealings with any third-parties through the FUP Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that FUP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify info@fupress.com.

 

Disclaimer of Warranties

YOUR USE OF THE FUP SITES OR ANY WEB SITE TO WHICH THEY LINK IS AT YOUR SOLE RISK. THE FUP SITES AND THEIR CONTENT ARE PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FUP SITES OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE FUP SITES, THEIR CONTENT, OR ANY WEB SITE TO WHICH THEY ARE LINKED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMFUP OR THROUGH OR FROM THE FUP SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

INDEMNIFICATION, LIMITATION OF LIABILITY

You agree to indemnify and hold FUP, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the FUP Sites, your violation of these Terms of Use, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. You are solely responsible for your actions when using the FUP Sites, including, but not limited to, costs incurred for Internet access. FUP reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

IN NO EVENT SHALL FUP OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FUP SITES, THEIR CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.

GENERAL TERMS

These Terms of Use constitute the entire agreement between you and FUP and govern your use of the FUP Sites, superseding any prior agreements between you and FUP (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by FUP. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The failure of FUP to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against FUP and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the FUP Sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.