All promotions related to Upmypost.com are VOID WHERE PROHIBITED BY LAW.
2. TO PARTICIPATE
Before entering, each entrant must read and accept these Official Rules. To enter, entrants must complete a regiUMPation form to set up an account. Upmypost.com reserves the right to change any participant's “Display Name" at their sole discretion if it is seen as offensive.
Upmypost.com is not responsible for (i) lost, late, delayed, misdirected, unintelligible, or incomplete entries; (ii) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties; (iii) errors in transmission; or (iv) any condition caused by events beyond the control of Upmypost.com which may cause the Game and all related promotions to be disrupted or corrupted.
Upmypost.com reserves the right to correct or delete any post or change in an entrant's portfolio that occurred due to a technical problem regardless of whether this correction or deletion results in an increase or decrease in the value of such entrant's portfolio.
Upmypost.com may prohibit any contestant from participating or in any future promotion in connection therewith, at their sole discretion, if such contestant (i) tampers with the entry process or the operation of the Website, (ii) repeatedly shows a disregard for the Official Rules, or (iii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass Upmypost.com or any other members, or (c) in any other disruptive manner. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GROUP IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, Upmypost.com RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Upmypost.com reserves the right to terminate or modify the platform at any time after its commencement without prior notice.
4. LIMITATIONS OF LIABILITY AND RELEASE
Upmypost.com (UMP) ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE REGIUMPATIONS OR INFORMATION OR ENTRY OF INFORMATION, WHETHER CAUSED BY UMP USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY UMP OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE OPERATION OF UMP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON UMP OR THE PLATFORM.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF UMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MIW OR THE GAME, FROM INABILITY TO PLAY THE GAME, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GAME (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON UMP OR RECEIVED THROUGH ANY LINKS PROVIDED ON UMP, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON UMP OR RECEIVED THROUGH ANY LINKS PROVIDED IN UMP. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL UMP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, UMPIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.Â
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
5. INDEMNIFICATION AND RELEASE
By registering with Upmypost.com, you agree to indemnify Upmypost.com, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of Upmypost.com, from any person's use of any account or password you maintain with the Upmypost.com, regardless of whether such use is authorized by you, or from acceptance, possession, misuse, or use of any prize. By registering with Upmypost.com, you are hereby agreeing to release Upmypost.com and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes, Upmypost.com, and/or any prize. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."