Terms and Conditions

Effective November 15, 2015:

 

The information contained in this website is for general information purposes only. The information is provided by Up Up and a Bear and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of  Up Up and a Bear. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

All opinions expressed are those of Up Up and a Bear and not anyone else, including but not limited to our employers.

All photos are property of Up Up and a Bear unless otherwise cited.  These photos may not be reproduced or used elsewhere without permission.

Every effort is made to keep the website up and running smoothly. However, Up Up and a Bear takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Comments are published at the discretion of the site owner. Comments used with the intention of financial gain are prohibited, as are affiliate-based comments, comments designed for SEO purposes, and abusive comments.

1. Acceptance of Terms.

Up Up and a Bear (or “we”) makes available this Web site, including without limitation, the information, materials, services and products contained herein (the “Web site”), subject to the following terms and conditions (the “Terms of Use”). By using the Web site, you agree to be bound by and comply with the Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Web site.

2. Changes.

We reserve the right to change the Terms of Use from time to time at our sole discretion. Changes to the Terms of Use will become effective when posted to this Web site. You agree to review these Terms of Use periodically to become aware of any changes and your use of the Web site following the posting of such changes will signify your assent to such changes. You agree that the aforementioned process for notification of changes to the Terms of Use is reasonable. If you do not agree with any change to the Terms of Use, you must immediately cease use of the Web site. The unrevised Terms of Use shall continue to apply to all past use of the Web site by you, even if you are no longer using the Web site.

3. Access and Registration.

In order to use the Web site, you must obtain access to connect to the World Wide Web (the “WWW”) through devices that access web-based content and pay any service fees which may be associated with such access. In addition, you must provide or have access to all equipment necessary to connect to the WWW and to view its contents. In order to submit travel blogs, reviews and other content, and to obtain certain other benefits and services from the Web site (together referred to as “Services”), you must first register and become a Member of the Web site (“Membership”). In consideration of your use of the Services, you represent that you are of legal capacity to form a binding contract and are not a person barred from receiving Services under the laws of the United States of America or other applicable jurisdiction. You also must be at least 13 years of age in order to use the Services. You also agree that in registering for Membership, you will: (a) provide true, accurate, current and complete information when completing any registration form, and (b) maintain and promptly update such information so it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Up Up and a Bear has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Up Up and a Bear has the right to suspend or terminate your Membership and refuse any and all current and future use of Services (or any portion thereof).

4. Member Account, Password and Security.

As part of the registration process, you are required to designate a user ID and password. You are responsible for keeping your user ID and password confidential. You are also responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Up Up and a Bear of any actual or suspected unauthorized use of your user ID and password. Up Up and a Bear will not be responsible for any loss to you arising from your failure to comply with the above. You understand that you are responsible for all uses of the Web site by you and those using your login information.

5. Privacy.

All personal information gathered from you in connection with your use of the Web site will be governed by Up Up and a Bear’s Privacy Policy, which may be accessed by clicking on the following hyperlink: http://upupandabear.com/privacy-policy/. You acknowledge that you have read the Privacy Policy, the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable. You consent to the use of your personal information in accordance with and for the purposes set forth in the Privacy Policy.

6. User Conduct.

Without limitation, Up Up and a Bear reserves the right to terminate your access to and use of the Services if, in Up Up and a Bear’s view, your conduct fails to meet any of the following guidelines:

  1. You shall not use any portion of the Web site or the Services for uploading, posting, emailing, transmitting, messaging or otherwise making available material that is unlawful, infringes on another’s intellectual property rights, is harmful to minors in any way, contains nudity or pornographic material, promotes or provides instructional information about illegal activities, or promotes physical harm or injury against any group or individual;
  2. You shall not attempt to interfere with any other person’s use of the Services;
  3. You shall not misrepresent your identity or impersonate any person;
  4. You shall not hold yourself out as sponsored by, endorsed by, or affiliated with Up Up and a Bear;
  5. You shall not use any portion of the Web site or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation;
  6. You shall not use any portion of the Web site or the Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
  7. You shall not use the Web site for conducting raffles or contests;
  8. You shall not post content that includes hyperlinks to content not allowed to be posted to this Web site;
  9. You shall not attempt to gain unauthorized access to Up Up and a Bear’s database(s) or other computer systems;
  10. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Up Up and a Bear in connection with the Web site or the Services;
  11. You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Web site; and
  12. You shall not use any portion of the Web site or the Services for any unlawful purpose.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Up Up and a Bear.

7. Submission of Travel Blogs and Other Content.

As part of the Services, Members have the opportunity to submit information and material regarding their travel experiences. By submitting travel blogs, recommendations, opinions, reviews, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, video clips, software, messages or other materials to the Web site (“Member Content”), you warrant that: (a) you are the owner of such Member Content, or have been granted all the rights necessary from the owner (and subject matter, if applicable) thereof to submit such Member Content to the Web site and for the use by Up Up and a Bear as stated herein, and (b) the use of such Member Content by Up Up and a Bear will not infringe the intellectual property rights of or otherwise violate the rights of any third party.

Up Up and a Bear does not claim ownership rights to any of the Member Content. By submitting Member Content to the Web site, and in consideration of the substantial time, effort and funds expended by Up Up and a Bear to create the Web site and offer you the Services, you agree, with respect to any Member Content that you elect at any time to not designate as private (“Public Content”), to hereby grant to Up Up and a Bear (or warrant that the owner thereof has granted to Up Up and a Bear), a nonexclusive, royalty-free, perpetual, irrevocable, license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, and create derivative works of, any such Public Content, for any purpose whatsoever, including, without limitation, a commercial purpose, and in any form of media, without any compensation to you, and to sublicense any of the foregoing rights and licenses. You hereby agree to waive your moral rights in Public Content submitted by you, and warrant that you have obtained the waiver of moral rights from everyone who may have such rights in such Public Content. Without limiting the foregoing, you acknowledge and agree that Public Content submitted by you may appear on Web sites owned by Up Up and a Bear’s strategic partners and who have been authorized by Up Up and a Bear to display and publish such content under the partner’s own brand or trade name.

You understand that Up Up and a Bear will have the right (but under no circumstances will Up Up and a Bear have any obligation) to screen, edit, refuse to post or remove any Member Content, in whole or in part, from any portion of the Web site, in its sole discretion, including, but not limited to, Member Content that violates the Terms of Use or is otherwise objectionable. Up Up and a Bear reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary or other right or any other harm resulting from your use of the Web site and your submission of Member Content.

8. Proprietary Rights.

The Web site is owned and operated by Up Up and a Bear and the arrangement and compilation of the content found on the Web site is the copyrighted property of Up Up and a Bear. The content on the Web site is owned by Up Up and a Bear and licensors (including Members). The trademarks, logos and service marks displayed on the Web site are the registered and common law trademarks of Up Up and a Bear and various third parties and may not be copied, imitated or used, in whole or in part, without their respective owner’s prior written permission.

No copyrighted material or other content may be reproduced, modified, used to create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution via a third party Web site or other networked computer environment) without the express prior written consent of Up Up and a Bear and/or its licensors.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Up Up and a Bear with the following written information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Web site; (4) your address, telephone number, and e-mail address; (5) 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; (6) 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. Notice of claims of copyright infringement should be sent to Up Up and a Bear via the Contact page.

9. Third Party Advertisements, Links and Services.

The Web site may contain hyperlinks to third party web sites and/or ads generated by third parties. The presence of these hyperlinks and ads does not constitute endorsement by Up Up and a Bear. Up Up and a Bear does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Up Up and a Bear is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, Up Up and a Bear will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Up Up and a Bear will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the use, exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites or any of the products or services offered by such third parties.

10. Termination of Service.

Up Up and a Bear may discontinue the Web site and/or any of the Services at anytime in its sole discretion, with or without notice. Additionally, Up Up and a Bear may suspend or terminate status as a Member and/or deny your access to, or use of content or the Services, without prior notice and in its sole discretion, if Up Up and a Bear reasonably believes that: (i) your conduct has violated any provision of the Terms of Use; or (ii) you have violated or misappropriated any of Up Up and a Bear’s or any third party’s rights. Such right of termination shall in addition to, and not be lieu of, any other right to relief or remedy to which Up Up and a Bear may be entitled at law or in equity.

11. Disclaimers.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” UP UP AND A BEAR AND ITS OWNER AND EMPLOYEES DISCLAIM ANY WARRANTY, REPRESENTATION AND CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WHETHER ARISING BY LAW, STATUTE, USE OF TRADE OR COURSE OF DEALING. USE OF THIS WEBSITE AND THE SERVICES OFFERED HEREIN IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UP UP AND A BEAR AND ITS OWNER AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE, INCLUDING THE SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UP UP AND A BEAR AND ITS OWNERS AND EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

13. Indemnification.

You agree to indemnify, defend and hold harmless Up Up and a Bear, its owner and employees from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney’s fees) arising from your failure to comply with the Terms of Use, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, content provided by you or from your violation of any applicable law.

14. Governing Law.

The Web site (excluding linked sites) is controlled by Up Up and a Bear within the State of Washington, USA. By accessing this Web site, you agree that all matters relating to your access to, or use of, the Web site shall be governed by the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof. Any controversy, dispute or claim (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to the Terms of Use or the Web site, including the Services (collectively the “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Up Up and a Bear related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Up Up and a Bear. If you have a Claim you should give written notice to arbitrate at the address specified in Section 8. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the State of Washington, USA. Up Up and a Bear makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

If there is a dispute between participants on the Web site, or any third party, Up Up and a Bear is under no obligation to become involved. In the event that a Member has a dispute with one or more Members or a user of the Web site, such Member hereby releases Up Up and a Bear, its owner and employees and assigns from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

15. Entire Agreement.

The Terms of Use constitutes the entire agreement between you and Up Up and a Bear regarding your use of the Web site, including the Services, and supercedes any prior agreements between you and Up Up and a Bear with respect to the subject matter contained herein. You may also be subject to additional terms and conditions that may apply when you use third party services, content or software made available on, or linked to, the Web site. The failure of Up Up and a Bear to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision.

16. Severability.

If any portion of the Terms of Use shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable from the Terms of Use and the legality, validity, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby.

17. Assignment.

Up Up and a Bear may assign its rights and obligations under the Terms of Use to any party without your consent. The Terms of Use will inure to the benefit of Up Up and a Bear.