By accessing or using Uplyftr (whether or not you create a registered user account), you agree to be bound to the Terms. That means that if you don’t agree to these Terms, please don’t use Uplyftr. Additionally, you must abide by our Rules, which are found here: [Coming Soon], and are incorporated into the Terms. Please read the Rules, which include important rules and guidelines governing the behavior we expect of Uplyftr users, as well as the actions we may take if you do not follow the Rules. When we use the term “user” in these Terms, we mean any user of Uplyftr, regardless of whether you create a registered user account.
We may update these Terms from time to time. We will let you know if we make significant changes by sending a notice to the email address connected with your Uplyftr account, or by placing a notice in a prominent place on our web site and other Uplyftr channels (including, but not limited to app or social channels). If we make a significant change, the notice we provide will indicate when the change will be effective. If you do not agree with the upcoming change, please delete your account. If you continue to use Uplyftr after the stated effective date, you will be deemed to have accepted the change.
To be eligible to use Uplyftr, you must be at least 13 years old, you must be old enough to enter into a contract with us, and you must have a valid email address. You must create an account to post content on Uplyftr and to access other features offered only to account holders. We require an email address, password and a username, which we recommend is your real name. You must provide an email address that is actually yours. When you sign up for an Uplyftr account, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. We reserve the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.
Posts Made on Uplyftr
We don’t claim ownership over any Content that you post on Uplyftr. “Content” means any content or creative expression that you’re able to upload or post on Uplyftr, including text, images, files, animations, logos, or comments. However, when you post or transfer Content to Uplyftr, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide Uplyftr.
You are responsible for the Content you submit to Uplyftr. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on Uplyftr, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.
When you post on Uplyftr, you are agreeing to allow other Uplyftr users (unless you set your Settings to prevent public display) to view, distribute and display your Content. Consider the Content you post on Uplyftr to be publicly available indefinitely since it may be distributed by other Uplyftr users through social media or otherwise, or be cached on third party search engines, even after your Uplyftr account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.
We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to Uplyftr for any reason.
You understand that when using Uplyftr, you may be exposed to content from a variety of sources, and that Uplyftr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Uplyftr with respect thereto.
At any time, you may delete your Content from Uplyftr, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use Uplyftr. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from Uplyftr. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.
We may modify our Services at any time, since Uplyftr is a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions.
If you haven't uploaded a profile picture or header image within 60 days of creating your account, we may remove your account and allow another user to select your username. We will send you a warning e-mail before doing so.
Also, if you haven't logged into your account for 365 days, we may delete your account to make room for new users. Again, we will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.
If you use a robot to post on Uplyftr, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.
Property we Own and Restrictions
Uplyftr owns all rights to our logo, Uplyftr, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Uplyftr, including the Uplyftr HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Uplyftr.
Uplyftr may offer some features or functionality for a fee. Fees are stated in US dollars, and you’ll be responsible for any applicable sales taxes or other charges arising from the transaction. Even though you’re paying for a feature or functionality, you don’t own it – you’re purchasing the right to use or access that feature or functionality. Fees are non-refundable. Uplyftr may charge fees at any time in its discretion. We will not collect credit card numbers – instead, we will use a trusted third party credit card or payment processor.
No Children Under 13
You need to be 13 years or older to use Uplyftr. If you’re under 13, please don’t use Uplyftr. If we learn that you or anyone else is under 13 and is using Uplyftr, we’ll close the child’s account.
DMCA Copyright Policy
Uplyftr complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.
If you see your Content on Uplyftr being used without your permission, you can contact Uplyftr’s Designated Agent for receipt of infringement notices here:
Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on Uplyftr; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Some Legal Info
You acknowledge and agree that Uplyftr’s servers and operations are in the United States. As a result, regardless of where you live, your Content is transferred to and stored in the United States, and you hereby consent to the transfer, processing, and storage of your Content in the United States.
Use Restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Uplyftr, whether in whole or in part, or any content displayed on Uplyftr, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Uplyftr, (c) you shall not access Uplyftr in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of Uplyftr may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.
No Warranty. UPLYFTR AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF UPLYFTR IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPLYFTR IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UPLYFTR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT UPLYFTR OR CONTENT ON UPLYFTR IS ACCURATE, RELIABLE OR CORRECT; THAT UPLYFTR WILL MEET YOUR REQUIREMENTS; THAT UPLYFTR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT UPLYFTR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.
You understand that Uplyftr is not responsible or liable for, and you hereby release Uplyftr, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Uplyftr users, whether those interactions are through Uplyftr or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: "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 if known by him must have materially affected his settlement with the debtor."
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPLYFTR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPLYFTR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM UPLYFTR; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH UPLYFTR; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UPLYFTR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF UPLYFTR (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO UPLYFTR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
These terms shall be governed by the laws of the state of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Uplyftr has not adhered to these terms, please contact Uplyftr by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Uplyftr are unable to reach a resolution to the dispute, you and Uplyftr will settle the dispute exclusively under the rules of the State of Texas. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Uplyftr agree that any arbitration will be limited to the dispute between Uplyftr and you individually. You acknowledge and agree that you and Uplyftr are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Uplyftr otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Copyright & Trademark Information
Copyright © 2020, Uplyftr. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site and Service are our property or the property of other third parties. You are not permitted to use these Marks.