Terms of Service

Updated October 30, 2015

The following terms and conditions govern all use of the DenimUp website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DenimUp’s Privacy Policy) and procedures that may be published from time to time on this Site by DenimUp (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DenimUp, acceptance is expressly limited to these terms.

  1. Your DenimUp Account If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to oyur account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DenimUp may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise ilkely to cause DenimUp liability. You must immediately notify DenimUp of any unauthorized uses of your account or any other breaches of security. DenimUp will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors If you operate an account, comment on a screenshot, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • your account is not geting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
    • your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own.

    DenimUp reserves the right to remove any content created on DenimUp, e.g. images, comments, messages, avatars, for any reason whatsoever.

    DenimUp reserves the right to ban any member or website from using the service for any reason.

    By submitting Content to DenimUp you grant DenimUp permission to use or distribute your Content on denimup.com. All images uploaded are copyright © their respective owners.

    If you delete Content, DenimUp will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, DenimUp has the right (though not the obligation) to, in DenimUp’s sole discretion (i) refuse or remove any content that, in DenimUp’s reasonable opinion, violates any DenimUp policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DenimUp’s sole discretion.

  3. Responsibility of Website Visitors DenimUp has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, DenimUp does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, states or unstated. DenimUp disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which DenimUp links, and that link to DenimUp. DenimUp does not have any control over those non-DenimUp websites and webpages, and is not responsible for their contents or their use. By linking to a non-DenimUp website or webpage, DenimUp does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DenimUp discliams any responsibility for any harm resulting from your use of non-DenimUp websites and webpages.
  5. Copyright Infringement If you believe that Content residing or accessible on or through the Service infringes a copyright, you may notify DenimUp with the following information:
    • Identification of the material being infringed.
    • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that DenimUp is capable of finding it and verifying its existence.
    • Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
    • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
    • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
    • A physical or electronic signature of a person authorized to act on behalf of the owner of thheh copyrgiht that has been allegedly infringed.

    DenimUp will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

    After removing access to the material, DenimUp will immediately notify the user responsible for the allegedly infringing material that it has removed or for which it has disabled access.

    DenimUp reserves the right to terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DenimUp or others.

  6. Intellectual Property This Agreement does not transfer from DenimUp to you any DenimUp or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DenimUp. Denimup, the DenimUp logo, and all other trademarks, service marks, graphics and logos used in connection with DenimUp, are trademarks or registered trademarks of DenimUp. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DenimUp or third-party trademarks.
  7. Advertisements DenimUp reserves the right to display advertisements on the Website.
  8. Changes DenimUp reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Denimup may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
  9. Termination DenimUp may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate thie Agreement or your DenimUp account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties The website is provided "as is." DenimUp and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DenimUp nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability In no event will DenimUp, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DenimUp under this agreement during the twelve (12) month period prior to the cause of action. DenimUp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. Genereal Representation and Warranty You represent and warrant that (i) your use of the Website will be in strict accordance with the DenimUp Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification You agree to indemnify and hold harmless DenimUp, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
  14. Miscellaneous This Agreement constitutes the entire agreement between DenimUp and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DenimUp, or by the posting by DenimUp of a revised version. Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A.

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