Terms and Conditions

Please read the following Terms and Conditions thoroughly before using this Site.

By accessing any page on this Site, you (the “User”) agree to be bound by the current version of these Terms and Conditions as well as those expressed in the Privacy Policy.

GENERAL

Any person accessing or using the website and any associated webpages (collectively, the “Site”) is referred to as “you.” Please review and abide by these Terms and Conditions, the Privacy Policy, and other terms and conditions that may appear on the Site. Your use of the Site constitutes your agreement to these Terms and Conditions, and I reserve the right to revise them at any time without notice to you.

When revisions are made, they will be posted on this page and will take effect immediately. You agree to occasionally check this page to make yourself aware of any changes to the Terms and Conditions.

YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS.

If you do not agree to these Terms and Conditions, please do not use Upkeepist.

This Site and its content are intended solely for personal and non-commercial use by you. Any use of this Site or its Content other than for personal and non-commercial purposes is strictly prohibited. 

INTELLECTUAL PROPERTY

Unless otherwise noted, the Site, its data, and Materials, including the selection, organization, coordination, compilation, and overall appearance and vibe of the Site (collectively, the “Content”) are the intellectual property of Upkeepist. The Content is protected by U.S. copyright, trademark, trade dress, and any other applicable national or international intellectual property laws. All ownership rights remain with Upkeepist. Content cannot be used without the prior written permission of Upkeepist.

LEGAL DISCLAIMER

My father is a doctor, but I’m not.

The views and opinions expressed on this Site have no rela­tion to those of any academic, hospital, practice, or other insti­tu­tion with which Rubina X. Gaspar (the “Author”) might be affiliated.

Upkeepist pro­vides gen­eral infor­ma­tion and dis­cus­sions about beauty, health, and related sub­jects.  The words and other con­tent pro­vided on this Site, and in any linked mate­ri­als, are not intended and should not be con­strued as professional advice. If the reader or any other per­son has a med­ical con­cern, he or she should con­sult with a medical professional. As stated above, I’m not a medical professional.

Never dis­re­gard pro­fes­sional med­ical advice or delay in getting professional treatment because of some­thing you have read on this Site or in any linked materials. That’s how things can go badly very quickly. If you believe you may have a med­ical emer­gency, call a doc­tor immediately.

DISCLAIMER REGARDING ALL ADVICE

The opinions, views, recommendations, and instructions expressed by the Author are based on personal research and experimentation. They are not intended to be taken as medical advice.

You hereby agree that you shall not make any med­ical or health-related deci­sions based in whole or in part on any­thing con­tained within the Site. You should not rely on any infor­ma­tion con­tained in the Site and related mate­ri­als in mak­ing med­ical, health-related, or other deci­sions. 

You should con­sult a licensed professional healthcare worker in all mat­ters relat­ing to your health.

DISCLAIMER REGARDING SITE CONTENT AND RELATED MATERIALS

The information on the Site is provided “AS IS” with no warranties and confers no rights.

The Con­tent may be changed with­out notice, and there’s no guar­an­tee that it is com­plete, cor­rect, timely, or cur­rent.  Sim­i­lar to any printed mate­ri­als, the Con­tent may become outdated. The Author has no oblig­a­tion to update any Con­tent on the Site.  The Author may choose to update the Con­tent at any time with­out notice.

From time to time, the Site may con­tain health-related or medical-related infor­ma­tion that is sex­u­ally explicit. If you find this infor­ma­tion offen­sive, you can choose not to use the Site.

INDEMNIFICATION

You agree to indem­nify and hold the Author harm­less from any claim or demand, includ­ing attor­neys’ fees, made by any third party as a result of:

  1. any con­tent posted or made avail­able by you on this Site,
  2. any vio­la­tion of law that occurs by you through the Site,
  3. any­thing you do using the Site and/or the Con­tent con­tained therein.

GUIDELINES FOR POSTING

This Site is open to the pub­lic. That means anyone in the whole wide world with internet access could see what you post on here. Therefore, you should con­sider your com­ments care­fully and not post infor­ma­tion or thoughts you want to keep pri­vate. 

By upload­ing or oth­er­wise mak­ing avail­able any infor­ma­tion to the Site in the form of user-gen­er­ated com­ments or oth­er­wise, you grant the Site the unlim­ited, per­pet­ual right to dis­trib­ute, dis­play, pub­lish, repro­duce, reuse, and copy the infor­ma­tion con­tained therein.

You are respon­si­ble for the com­ments you post. You may not imper­son­ate any other per­son through the Site.  You may not post con­tent that is defam­a­tory, fraud­u­lent, obscene, threat­en­ing, inva­sive of another person’s pri­vacy rights or that is oth­er­wise unlaw­ful. 

You may not post con­tent that infringes on the intel­lec­tual prop­erty rights of any other per­son or entity.  You may not post any con­tent that includes any com­puter virus or other code designed to dis­rupt, dam­age, or limit the func­tion­ing of any com­puter soft­ware or hardware.

By sub­mit­ting or post­ing con­tent on the Site, you grant Upkeepist the right to remove any con­tent or com­ment that, in the Author’s sole judg­ment, does not com­ply with the Terms and Conditions of this Agree­ment or is oth­er­wise objec­tion­able. You also grant Upkeepist and any com­pany sub­stan­tially under the con­trol of Upkeepist the right to mod­ify, adapt, and edit any con­tent.

USER COMMENTS

Upkeepist’s community rules listed below apply to all comments. I moderate comments and reserve the right to block commenters, remove or amend comments, and remove user accounts entirely at my discretion, and/or for reasons including (but not limited to) violation of these Terms and Conditions.

By posting, distributing, sending, or displaying User Generated Content (“UGC”) to the Site, you:

  1. hereby grant to Upkeepist a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the UGC for any purpose to the extent permissible by applicable law;
  2. grant Upkeepist and its subsidiaries the right to use your name in connection with such UGC, subject to the Privacy Policy;
  3. represent and warrant that:
  • you own and control all of the ownership rights to the UGC that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such UGC on or through this Site;Such UGC is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
  • the usage, publication and posting of such UGC does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
  • you own and control all of the ownership rights to the UGC that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such UGC on or through this Site;Such UGC is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
  • the usage, publication and posting of such UGC does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
  • further grant Upkeepist the right to pursue before any appropriate forum any person or entity that violates Upkeepist’s or your rights under any applicable law in the UGC.

Notwithstanding the related provisions in the Privacy Policy, UGC submitted by you is deemed non-confidential and I am under no obligation to treat such UGC as proprietary information. Without limiting the foregoing, I reserve the right to use the UGC as deemed appropriate, including, without limitation, deleting, rejecting, or refusing to post it.

Upkeepist is under no obligation to offer you any payment for UGC or to attribute authorship of UGC to you unless such an agreement has been made in writing. If nonetheless, under any applicable law, it is determined that you retain moral rights in the UGC which you have posted to the Site, you hereby agree that:

  1. you won’t require that any personally identifying information be used in connection with the UGC;
  2. you won’t oppose the publication, use, modification, or deletion of the UGC by Upkeepist; and
  3. you waive and will not claim or assert any entitlement to any moral rights in any of the UGC, to the extent permissible under applicable law.

COMMUNITY RULES

No nudity, pornography, or depictions of sexual activity:

a. this includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity, softcore or hardcore pornography;

b. this includes links posted in the comments;

c. if you aren’t sure, please don’t post it.

No hate speech or abusive content:

a. racism, sexism, slurs, personal attacks, death threats, suicide requests, or any form of hate speech is not tolerated;

b. this includes hate speech or abuse in usernames, as well as images and comments;

c. no advertising, SPAM, or other links to commercial websites.

No Location Information / Doxing:

a. do not enter your or another individual’s street address or any information that may lead another user to discover your real address. Users should not include information that makes them publicly identifiable.

In conclusion, please don’t be a pervert or a jerk.

IMAGE AND VIDEO

Upkeepist may display images, audio, and video (the “Material”) from time to time. The types of Material that Users are authorized to access on the Site include Material commissioned by Upkeepist, embedded Material, Material I believe to be covered by the Fair Use Doctrine, Material from photographic archives and video vendors, and Material released into the public domain.

COPYRIGHT NOTICES

In accordance with the Digital Millennium Copyright Act (“DMCA”), Upkeepist will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. I reserve the right, at my sole discretion, to remove any Content without prior notice.

If Upkeepist publishes Material you think infringes your copyright, please send an email to hello@upkeepist.com.

If you have corresponded with Upkeepist directly, and thereafter choose to pursue a copyright notice, please note that I will only respond to notices of alleged infringement that comply with the DMCA. The text of the Act can be found on the U.S. Copyright Office Web Site.

To file a notice of infringement, you must provide written communication by email to hello@upkeepist.com with an attached and signed PDF that sets forth the items specified below. If I do not respond within 10 business days, please write again.

To address your concerns quickly and efficiently, please provide the following information in your notice email:

  • For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
  • Provide information reasonably sufficient to permit me to contact you: an email address is preferred, as well as a telephone number.
  • For images, provide the following detailing your claim to ownership of the copyright in the allegedly infringing image:
    • Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
    • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    • Sign the document and email it to hello@upkeepist.com.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid and I will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent that any material on Upkeepist infringes your copyrights.

ACCURACY OF INFORMATION

I strive for accuracy, but there is a chance that information on the Site may sometimes contain errors or inaccuracies. Upkeepist does not make any warranty as to the correctness or reliability of the Site’s content.

EMAIL CORRESPONDENCE

Emails sent to hello@upkeepist.com are considered my property. You can read more about this in the Privacy Policy. If you wish to remain anonymous, please specify this in the body of the email itself and I will do my best to respect your wishes.

LINKS

The Site will occasionally contain links to, and quotations of, material from other sites. Upkeepist is not responsible for the content or the privacy practices of other sites and expressly disclaims any liability arising out of such content or practices. Users are encouraged to be aware when they leave this Site.

Please read the privacy statements of any website that may collect personally identifiable information. Some of the links found on the Site may be links that have been paid for by the sponsor.

Under no circumstances does Upkeepist accept responsibility for, nor shall Upkeepist be liable for any violation of personal or proprietary rights of you and/or any third party (including, but not limited to, copyright, trademark, patent, service mark, misappropriation, unfair competition, trade secret, privacy publicity rights, etc.), false advertising that is harmful, or violates any law or governmental regulation and/or any media that may constitute libel or slander of any person or entity or infringe upon or violate the right of privacy or any other right of any person or entity arising out of content, practices, or other media of any third party links.

INFORMATION SECURITY

As stated in the Privacy Policy, no data transmission over the Internet can be guaranteed to be 100% safe. Therefore, we cannot warrant that your information will be absolutely secure. Upkeepist has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. But, ya know, even NASA gets hacked.

GENERAL LEGAL PROVISIONS

These Terms and Conditions are effective unless and until terminated by either you or Upkeepist. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Site. Upkeepist may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Upkeepist to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

I may provide notice to you relating to the Site and/or these Terms and Conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Upkeepist’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained within these Terms and Conditions is in derogation of Upkeepist’s right to comply with law enforcement requests or requirements.

These Terms and Conditions — together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Site, and any other terms that may appear on the Site — contain the entire understanding between you and me with respect to your use and access of this Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site.

No representation, statement, or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Site) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon me unless expressly agreed to in writing by an officer of Upkeepist. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions.

CHANGES TO OUR TERMS AND CONDITIONS

I may periodically modify, alter or update these Terms and Conditions. I will alert readers to any material changes to this policy by posting the revised information on this page. I encourage you to review these Terms and Conditions on a regular basis to stay informed.

Your continued use of Upkeepist constitutes your agreement to these Terms and Conditions and any updates therein.

Last Updated: 03/22/2022