upnorthentertainment.com, adventuresinnorthernmichigan.com, northernmichiganhistory.com, upnorthbreweries.com, upnorthwineries.com, upnorthdistilleries.com, golfupnorth.com, and upnorthcasinos.com Terms of Use (TOU) Agreement
Effective Date: Sept 25th, 2023
We at Up North Entertainment Group, LLC are committed to the responsible use of your personal information and the protection of your privacy. This privacy policy applies to all the products and services described on our web site.
Up North Entertainment Group, LLC, LLC (hereinafter “Up North Entertainment Group, LLC”) is a limited liability company organized under the laws of the State of Michigan. Up North Entertainment Group, LLC is the owner and provider of the upnorthentertainment.com, adventuresinnorthernmichigan.com, northernmichiganhistory.com, upnorthbreweries.com, upnorthwineries.com, upnorthdistilleries.com, golfupnorth.com, and upnorthcasinos.com websites and their associated services (hereinafter “Websites”). Up North Entertainment Group, LLC has adopted this privacy policy (hereinafter “Privacy Policy”) in order to inform you of its practices related to the collection of personal and personally identifiable information through your use of their Websites and your registration and use of a Member Account.
Up North Entertainment Group, LLC reserves the right to modify or replace this Privacy Policy at any time and in its sole discretion. In the event Up North Entertainment Group, LLC modifies or replaces this Privacy Policy, the Effective Date, located above, will change. Your use of the Websites after a change in its Effective Date constitutes your agreement to any changes made to this Privacy Policy.
Warranties
You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into a binding Agreement with Up North Entertainment Group, LLC. You also warrant that your use of the Websites does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the Websites. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If you are accessing or using the Websites on behalf of a governmental organization, non-governmental organization, business, or other legal entity, you warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the terms of this Agreement.
Privacy Policy
Up North Entertainment Group, LLC respects your privacy and has set out how information provided by you to Up North Entertainment Group, LLC may be used in a separate Privacy Policy available on the Websites. Up North Entertainment Group, LLC hereby incorporates its Privacy Policy by reference as if fully restated herein.
Intellectual Property Rights
Up North Entertainment Group, LLC is the owner of all rights in, and to, the Websites and their associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. Up North Entertainment Group, LLC expended a lot of time and effort developing these Websites. We are proud of them, and we hope you appreciate how important it is for Up North Entertainment Group, LLC to protect its intellectual property. These websites are subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Up North Entertainment Group, LLC provides you with the right to use the Website on a limited basis without forfeiting any of its rights in and to the Websites and associated content. You are expressly prohibited from using the Websites for any purposes not stated in these TOU.
How You May Use upnorthentertainment.com, adventuresinnorthernmichigan.com, northernmichiganhistory.com, upnorthbreweries.com, upnorthwineries.com, upnorthdistilleries.com, golfupnorth.com, and upnorthcasinos.com
Up North Entertainment Group, LLC hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Websites for their customary and intended purposes. Use of the Websites for a purpose outside of their customary and intended purposes or in violation of the express provisions of these TOU will immediately termination any limited license granted to you by Up North Entertainment Group, LLC through these TOU or otherwise. This license may be revoked by Up North Entertainment Group, LLC in its sole discretion at any time, and any rights not expressly granted herein are reserved by Up North Entertainment Group, LLC.
You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, reverse engineering, crawling, or aggregating these Websites, whether in whole or in part, without the prior written consent of Up North Entertainment Group, LLC. The prohibition on crawling and/or aggregating does not apply to search engines that appropriately comply with Up North Entertainment Group, LLC’ robots.txt file.
Registering an Account with Up North Entertainment Group, LLC
In order to obtain access to additional features or areas of the Websites, you may be required to register an account (“Account”). You may only use the Account that you register and you are expressly prohibited from providing third parties with access to your Account. You agree that, in registering an Account, you will provide Up North Entertainment Group, LLC with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password. We take your privacy and our security seriously, and you are solely responsible for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide written notice to Up North Entertainment Group, LLC. By creating an Account, you agree to allow Up North Entertainment Group, LLC to contact you as needed and determined in its sole discretion by any available means, including, but not limited to, the email address you provide when registering your Account. Up North Entertainment Group, LLC reserves the right to accept, reject, modify, suspend, or delete any Account at any time and for any reason in its sole discretion. By registering an Account, you agree to allow Up North Entertainment Group, LLC to market new products and services to you using the contact information you provide.
Your Use of upnorthentertainment.com, adventuresinnorthernmichigan.com, northernmichiganhistory.com, upnorthbreweries.com, upnorthwineries.com, upnorthdistilleries.com, golfupnorth.com, and upnorthcasinos.com as they Affects Third Parties
Some portions of the Websites may allow you to share or post information, including photographs and other media. You warrant that any content uploaded or transmitted to or using the Websites is owned by you or that you have obtained appropriate rights to use the content for such purposes. If you hold any copyright rights to content uploaded to the Websites by you, you will retain such rights but grant Up North Entertainment Group, LLC, its successors and assigns, an irrevocable, non-exclusive, royalty free license to use such content in connection with the Websites for its customary and intended purposes. You warrant that any use of the Websites or transmission of content via the Websites will not: (1) violate any term or condition of these TOU; (2) violate the rights of any third party, including rights of privacy, publicity, or intellectual property rights; or (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By uploading or transmitting information using the Websites, you expressly waive your rights to publicity and privacy with respect to the content.
DMCA and CDA Policy
You acknowledge and agree that the Websites are an interactive computer service as defined under § 230 of the Communications Decency Act (“CDA”). Up North Entertainment Group, LLC will not be considered a speaker or publisher of any information provided by You or any third party using the Websites regardless of whether Up North Entertainment Group, LLC chooses to remove, suspend, change, or amend such information.
The Websites are protected by copyright and such rights are owned by Up North Entertainment Group, LLC. Although Up North Entertainment Group, LLC does not plan to host user-generated content, it may provide you or other users with the ability to upload or post information to public or semi-public areas of the Websites. If such functionality become available, Up North Entertainment Group, LLC will expeditiously respond to all properly issued notifications of copyright infringement that are sent to Up North Entertainment Group, LLC’ designated copyright agent pursuant to 17 U.S.C. § 512.
All notices of copyright infringement must contain the following:
Upon receipt of a proper notice of copyright infringement as described above, Up North Entertainment Group, LLC will remove the allegedly infringing content within a reasonable time period and take reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification.
All counter-notifications must contain the following:
All notices of infringement and counter-notifications may be sent to: upnorthinfo@upnorthentertainment.com.
Indemnification
You agree to hold harmless, defend, and indemnify Up North Entertainment Group, LLC from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of user-generated content using the Websites; (3) a violation of any provision of these TOU; (4) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with your use of the Websites; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with your use of the Websites. Your obligation to indemnify Up North Entertainment Group, LLC will not provide you with the ability or right to control Up North Entertainment Group, LLC’ defense or legal strategy, and Up North Entertainment Group, LLC reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.
Modification of the Websites or Up North Entertainment Group, LLC’ Services
Up North Entertainment Group, LLC reserves the right to accept, reject, modify, suspend, or delete any Account or user-generated content at any time for any reason as determined in its sole discretion. Up North Entertainment Group, LLC reserves the right to modify or cease providing access to the Websites or any of their associated services at any time without notice in its sole discretion.
Interactions Between Users of the Website
You understand and agree that Up North Entertainment Group, LLC provides the Websites as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Website whether through Accounts or otherwise. Up North Entertainment Group, LLC makes no representations or warranties with respect to any user’s communications received by you through the Websites.
Specifically Prohibited Use of the Websites
You agree that you will not: (1) send unsolicited commercial messages through the Websites or to users of the Websites; (2) impose a disproportionate load on the Websites or its server infrastructure or otherwise attempt to interfere with the operation of the Websites; (3) circumvent any technological or security protection mechanisms used by Up North Entertainment Group, LLC; (4) use a robot, spider, scraper, or other automated technology to access the App; (5) attempt to gain access to the private data or personal information of a user of the Websites or a third party through the Websites; (6) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Websites or third parties by using the Websites in any way; (7) harass any user of the Websites; (8) harass any third party through your use of the Websites; (9) post or transmit content that threatens or encourages bodily harm or the destruction of property; (10) post or transmit content that infringes upon the intellectual property rights of other users of the Websites or third parties; (11) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (12) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
Payment
All payments for services and any applicable taxes, information, or otherwise, offered through the Websites are non-refundable. You hereby authorize Up North Entertainment Group, LLC’ payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all required fees and charges on time, and Up North Entertainment Group, LLC may terminate or disable your access to the Websites or suspend its services if you fail to pay any amount owing to Up North Entertainment Group, LLC when due. You agree that you will pay all costs of collection, including legal fees, incurred by Up North Entertainment Group, LLC if it is forced to expend resources collecting any monies owed to it by you.
In the event you dispute the amount or validity of any payments made under these TOU, you must notify Up North Entertainment Group, LLC within ten (10) days of any such dispute. You understand and agree that by failing to notify Up North Entertainment Group, LLC of any dispute within ten (10) days you will expressly waive any claims related to the disputed payment.
Third Party Links
You acknowledge and agree that the Websites may contain links to third-party websites that are not owned or controlled by Up North Entertainment Group, LLC. Up North Entertainment Group, LLC will not be held liable or responsible for the content of third-party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.
Termination
This Agreement will remain in full force and effect until your Account is closed and Up North Entertainment Group, LLC has delivered all services contracted for. You may terminate your Account by notifying Up North Entertainment Group, LLC at upnorthinfo@upnorthentertainment.com in a signed writing stating your intent to terminate the Agreement created by these TOU and your use of the Websites. Up North Entertainment Group, LLC may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by Up North Entertainment Group, LLC in its sole discretion. If Up North Entertainment Group, LLC terminates this Agreement, it will provide you with any goods acquired on your behalf and any funds from your Account less any fees or amounts owed to Up North Entertainment Group, LLC within a reasonable time after termination as determined by Up North Entertainment Group, LLC in its sole discretion.
Up North Entertainment Group, LLC Disclaimer of Warranties
Up North Entertainment Group, LLC PROVIDES THE WEBSITES ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
Limitation of Liability
Up North Entertainment Group, LLC WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF Up North Entertainment Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Up North Entertainment Group, LLC WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF ACCOUNTS OR ANY USER GENERATED CONTENT. Up North Entertainment Group, LLCs IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE WEBSITES OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. Up North Entertainment Group, LLC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITES AT ANY TIME AND WITHOUT LIABILITY.
Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Up North Entertainment Group, LLC may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Websites.
Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Michigan without respect to choice of law provisions. You agree that any claim or dispute you may have against Up North Entertainment Group, LLC, its agents, or any successor in interest must be resolved by a court located in Grand Traverse County in the State of Michigan. You agree to submit to the personal jurisdiction of the courts located within Grand Traverse County, Michigan for the purpose of litigating or otherwise resolving all such claims or disputes.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
This Agreement, created by your use of the Websites and these TOU, and its incorporated Privacy Policy constitute the entire agreement between the parties with respect to the use of the Websites and the associated services provided by Up North Entertainment Group, LLC. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Up North Entertainment Group, LLC.
Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Limitation on Actions
Up North Entertainment Group, LLC AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WESBITES OR Up North Entertainment Group, LLC’ RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Up North Entertainment Group, LLC.