Terms of Service

Overview

This User Agreement & Terms and Conditions (“User Agreement”) governs your access to and use of the Uplifter Inc. (“Uplifter”, “we”, “our” or “us”) websites, products, and services by individuals and entities who are any of the following (collectively, “you” or “your”): (a) general website visitors to uplifterinc.com and/or other websites owned or operated by Uplifter (collectively, the “Website”);  (b) subscribers or licensees (“Organizations”) to one or more of our products or services available through the Website (collectively, the “Services”); and  (c) users of our Services, including any authorized user accessing the Services under a Master Services Agreement or other similar agreement. FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: A French version of the User Agreement is available here.

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By accessing and using the Website including any Service, you acknowledge and represent that you have read and understood this User Agreement and the Privacy Policy and any updates thereto posted on the Website, and you represent, warrant and agree that you are bound by all of the terms and conditions of this User Agreement and the Privacy Policy. Your continued use of the Website and any Services constitutes your binding acceptance of any update to this User Agreement and the Privacy Policy. FOR RESIDENTS OF THE PROVINCE OF QUEBEC: if you have created an Uplifter account, you will be informed by email 30 days before the amendment to the Services comes into force. The notice will set out your rights and options as a result of this amendment.

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If you are an Organization and have a Master Services Agreement or other similar agreement in effect with Uplifter (a “Master Agreement”), then this User Agreement will apply to the extent your use of the Website and Services is not already governed by such Master Agreement. 

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The Website may make accessible material, postings, video, audio and other content originating from users of the Website (“User Content”) and links to external sites not under Uplifter’s control or ownership. You acknowledge that Uplifter has no obligation to vet or pre-screen User Content and has no liability for your interaction with such external sites, and agree that Uplifter may remove, replace or move any content or link of the Website, including any account for Services, for any reason at any time and without notice.

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Inquiries regarding the Website or its content (including User Content) may be directed to: support@uplifterinc.com

To give notice to Uplifter of any material on the Website you believe infringes a copyright or violates an intellectual property right, please identify the material with sufficient detail to permit Uplifter to readily locate the material. Uplifter may require further information from you before taking action in respect of the material. We will of course investigate it as soon as possible.

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Eligibility

You must be 14 years of age or older to use any Service, including creating a user account. Uplifter reserves the right to revoke any account, terminate this User Agreement and deny access to the Website or its Services to any person for any reason and without notice, including, but not limited to, any violation of this User Agreement or the Privacy Policy.

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Conduct

You agree to abide by all applicable local, state or provincial, national and international laws, statutes, ordinances and regulations.

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In using the Website, YOU WILL NOT:

• post, disseminate or upload content that is illegal, obscene, pornographic, harassing, abusive, hateful, discriminatory, defamatory, fraudulent, or likely to harm another including a minor.
• infringe upon another party’s intellectual property, proprietary, privacy, publicity, contractual or fiduciary rights, including Uplifter’s intellectual property rights in the Website.
• engage in any illegal, fraudulent or improper marketing practice, use false pretences to obtain another party’s personal information, or attempt to gain unauthorized access to any Service or account.
• impersonate any person or entity, including any Uplifter employee or representative, register multiple accounts, register an account on behalf of any individual person other than yourself, or register an account on behalf of any group or entity if you are not an authorized representative of that group or entity.
• use any credit card or other payment type other than your own when purchasing Services.
• post, distribute or transmit any malware, including any software, computer code or program containing a virus, Trojan horse, bot or worm that is designed to damage or limit the functionality of any computer software, hardware or telecommunications equipment.
• use the Website in any manner likely to damage, disable, impair or overburden the forementioned.
• disseminate unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• modify, adapt, translate, decompile or reverse engineer any portion of the Website, except as expressly authorized by Uplifter.

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By creating an account with Uplifter, you agree to be solely responsible for all activities occurring under your account, including maintaining the confidentiality of your password.

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Proprietary rights

Uplifter does not claim ownership of User Content, but reserves all of its rights in respect of all other content of the Website. By posting or uploading User Content to the Website, you grant, and represent and warrant that you have the right to grant, to Uplifter an irrevocable, perpetual, non-exclusive, fully paid, sub-licensable worldwide licence to use, copy, perform, display and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content. You waive all moral rights in respect of said User Content. You grant Uplifter all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of said User Content by any party for any purpose.

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Paid services

You acknowledge that certain features and functionality of the Website and our Services are available for a fee. The prices and features of our fee-based offerings are subject to then-current purchase options or entitlements offered by Uplifter in its sole discretion (each, a “Subscription Plan”). Subscription Plans offered by Uplifter may be generally published on our Website, set forth in an order form indicating the price and any applicable usage restrictions, or offered to you via email.  Uplifter reserves the right to update its fees from time to time and without notice.

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You are responsible for reviewing, understanding and accepting all fees or charges made through the Website and all pre-authorization, pre-payment and donation requirements for all Services BEFORE clicking on final acceptance for those Services. IF YOU DO NOT WISH TO ACCEPT A CHARGE, MAKE A DONATION, OR COMPLY WITH A PRE-AUTHORIZATION OR PRE-PAYMENT REQUIREMENT FOR A SERVICE, THEN PLEASE CANCEL OR CHANGE YOUR SELECTIONS BEFORE CLICKING ON FINAL ACCEPTANCE OF THE SERVICE.

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You acknowledge that except as expressly agreed by the parties, UPLIFTER HAS A NO-REFUND POLICY FOR THE FEES CHARGED BY UPLIFTER and agree that Uplifter has no obligation to refund any fees owed to Uplifter (FOR RESIDENTS OF THE PROVINCE OF QUEBEC: this paragraph does not apply to the extent that such refund would be due as a result of a breach by Uplifter of the applicable statutory warranty). You also agree to contact us regarding any transaction you wish to dispute or would like further information on. You agree to pay all fees, including applicable taxes, associated with a Service invoked under your account in a timely manner with a valid payment method. Uplifter reserves the right to use any lawful collection method to collect overdue amounts, including collecting by any payment method associated with your account. 

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Disclaimer of warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK.

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THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW NOTWITHSTANDING THIS EXCLUSION. UPLIFTER AND ITS AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY OF ANY FUNCTION OF THE UPLIFTER WEBSITE, PERFORMANCE AND RELIABILITY OF ANY SERVICE, WARRANTIES IN RESPECT OF OTHER SERVICES OR GOODS OBTAINED OR ACCESSED THROUGH OR ADVERTISED ON THE UPLIFTER WEBSITE, NON-TRANSMISSION OF AND NON-EXPOSURE TO VIRUSES OR OTHER MALWARE THROUGH THE UPLIFTER WEBSITE, AND NON-INFRINGEMENT OF ANY PROPRIETARY RIGHTS. UPLIFTER DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED ON OR OBTAINED THROUGH THE WEBSITE, THE ACCURACY OR QUALITY OF CONTENT AND THAT UPLIFTER WILL TAKE ACTION AGAINST ALL BREACHES OF THIS USER AGREEMENT. FOR RESIDENTS OF THE PROVINCE OF QUEBEC: THE FOREGOING DISCLAIMER SHALL NOT AFFECT UPLIFTER’S OBLIGATIONS UNDER QUÉBEC’S STATUTORY WARRANTY.

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Some jurisdictions do not permit or restrict the scope of disclaimers of warranties. The disclaimers of warranties of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.

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Limitation of liability

UPLIFTER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR ITS SERVICES. NON-LIMITING EXAMPLES OF SUCH LOSS AND DAMAGES INCLUDE LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, LOSS ARISING FROM INTERRUPTION, TERMINATION, MODIFICATION OR MISUSE OF THE UPLIFTER WEBSITE OR ITS SERVICES, AND DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT UPLIFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF UPLIFTER AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), SHALL NOT EXCEED THE ACTUAL FEES PAID BY YOU FOR THE SERVICES OVER THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO LIABILITY HEREUNDER.  SUCH LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR RESIDENTS OF THE PROVINCE OF QUEBEC: THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES RESULTING FROM THE ACT OF UPLIFTER OR THE ACT OF ITS REPRESENTATIVES.

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Some jurisdictions do not permit or restrict the scope of limitations and exclusions of liability. The limitations and exclusions of liability of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.

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Indemnification

You agree to indemnify and hold Uplifter and its affiliates harmless from any claim or demand, including reasonable legal fees and court costs, due to or arising out of your use of the Website or the Services, your exposure to User Content, User Content you post or upload to the Website, breach of this User Agreement, or your violation of any law or right of a third party.

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Jurisdiction, governing law, and time limitation

IF YOU ARE LOCATED IN CANADA: 

This User Agreement will be governed, interpreted and applied exclusively in accordance with the laws of the province of Ontario, Canada and the laws of Canada applicable in Ontario, which will be deemed to be the proper law of this User Agreement without giving effect to conflict of laws provisions of any jurisdiction. Any claim, cause of action, legal proceeding or litigation arising from or in connection with or in any way relating to use of the Website or the Services will be brought solely in the courts of Ontario, and any appellate court there from, and you consent to the jurisdiction of such courts. Any statute or law to the contrary notwithstanding, any claim or cause of action due to or connected with use of the Website or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. FOR RESIDENTS OF THE PROVINCE OF QUEBEC: the governing law of this User Agreement shall be the laws of the province of Québec, legal proceedings may be brought in the competent court where you reside, and claims can be filed in accordance with Québec’s statute of limitation.

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IF YOU ARE LOCATED IN THE UNITED STATES: 

This User Agreement will be governed, interpreted and applied exclusively in accordance with the laws of the State of Delaware, which will be deemed to be the proper law of this User Agreement without giving effect to conflict of laws provisions of any jurisdiction. Any claim, cause of action, legal proceeding or litigation arising from or in connection with or in any way relating to use of the Website or the Services will be brought solely in the courts of the State of Delaware, and any appellate court there from, and you consent to the jurisdiction of such courts. Any statute or law to the contrary notwithstanding, any claim or cause of action due to or connected with use of the Website or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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Termination

You may terminate your user account at any time. To cancel your user account, please contact us. You acknowledge and agree that Uplifter may in its sole discretion at any time terminate your account for any reason and without notice, and may suspend or discontinue the Services at any time for any reason and without notice. While Uplifter will endeavour to provide notice of any planned discontinuance of the Services, you agree that Uplifter will not be liable to you or any third party for any suspension, discontinuance or modification of the Services or access thereto. IF YOU ARE A RESIDENT OF THE PROVINCE OF QUEBEC, Uplifter may terminate your account unilaterally for reasonable cause and if Uplifter wishes to terminate your account and you are not in default of your obligations hereunder, Uplifter will send you a written notice at least 60 days before the date of termination. 

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The provisions of this User Agreement that are intended by their nature to survive the termination of this User Agreement or your account and any discontinuance of the Website or the Services shall so survive.

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General

This User Agreement, together with the Privacy Policy and any Master Agreement applicable to you, is the entire agreement between you and Uplifter relating to its subject matter, and supersedes all prior or contemporaneous oral or written agreements, communications, proposals, representations and warranties relating to its subject matter. During its term, this User Agreement prevails over any conflicting or additional terms relating to its subject matter of any communication between you and Uplifter. Uplifter’s failure to enforce or act in respect of a violation of this User Agreement will not in any way affect, limit or waive Uplifter’s right to act in respect of any subsequent or similar violation.  If any part of this User Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this User Agreement will continue to be valid and enforceable to the fullest extent permitted by law.

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Copyright

Copyright on every aspect and part of the Website belongs to Uplifter, unless it is otherwise indicated. It may not be sold, copied, licensed, used or otherwise reproduced, in whole or part, in any manner or form without the prior written consent of Uplifter.

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It is Uplifter’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

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If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under United States copyright laws and is accessible through the Services, please notify Uplifter’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, your copyrighted work must be protected under United States copyright laws, and you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Services;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
• 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
• 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.

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The above information must be submitted to the following DMCA Agent: 

Uplifter US LLC

ATTN: Legal Department 

#4601 848 North Rainbow Blvd.

Las Vegas, NV 89107

support@uplifterinc.com

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UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

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Please note that this procedure is exclusively for notifying Uplifter and its affiliates that your copyrighted material has been infringed under United States copyright laws. The preceding requirements are intended to comply with Uplifter’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

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In accordance with the DMCA and other applicable law, Uplifter has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Uplifter may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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Payment processing for merchants

Uplifter offers payment processing through third-party payment processors.  In order for you to use these payment processing services, you must register with them as a merchant.  The payment processing company's Terms and Conditions explain their terms as well as their Privacy Policy.  By accepting this User Agreement, you agree that you have reviewed their Terms of Service and Privacy Policy for the country in which you are located and agree to them.  If you have questions regarding the payment processors Terms and Conditions and Privacy Policy, please contact them directly.

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Conclusion

Thank you for reading and agreeing to our User Agreement and Privacy Policy. Please contact us should you have any questions. We will endeavour to get back to you as soon as we can!