Welcome to the Up There site, which is owned and operated by Weingarten Productions, LLC. Weingarten Productions, LLC (“Weingarten Productions”) provide website features to you subject to the following conditions. By visiting the Weingarten Productions Studios site (the "Site"), you accept these conditions. Please read them carefully.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Weingarten Productions or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Weingarten Productions and protected by U.S. and international copyright laws. All software used on the Site is the property of Weingarten Productions or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Weingarten Productions grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Weingarten Productions. Except with express written consent of Weingarten Productions, this license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other party; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Weingarten Productions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Weingarten Productions without express written consent. You may not use any meta tags or any other "hidden text" utilizing Weingarten Productions's name or trademarks without the express written consent of Weingarten Productions. Any unauthorized use terminates the permission or license granted by Weingarten Productions. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Weingarten Productions, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Weingarten Productions logo or other proprietary graphic or trademark as part of the link without express written permission.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WEINGARTEN PRODUCTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WEINGARTEN PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEINGARTEN PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEINGARTEN PRODUCTIONS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WEINGARTEN PRODUCTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEINGARTEN PRODUCTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Weingarten Productions.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other agreements, rules and notices posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.