Updated: April 15, 2015
These terms of service (herein the “Terms of Service”) are provided by Uplifter Inc. (herein the “Uplifter”) to you, the Uplifter customer account holder (herein the “Customer”) in regards to the use of the Uplifter Software (herein the “Software”) at uplifterinc.com and any domain or subdomain agreed upon between Uplifter and the Customer (herein the “Websites”).
Uplifter reserves the right to update or change the Terms of Service without notice. Newly developed features and tools implemented and released into the Software will be subject to the Terms of Service. Continued use of the Software and any released features and changes shall constitute the Customer’s consent to such changes. The most up-to-date version of these Terms of Service can be reviewed at any time at http://www.uplifterinc.com/terms-of-service/.
The Software is provided as a service (herein the “Service”). It cannot be downloaded or installed on hardware or equipment owned by the Customer.
The Customer agrees that it will have members (individuals that register for programs), potential members, participants (individuals that participate in programs) and users (collectively the “Members”) that will access the Software through the Websites. The Customer agrees that it will be responsible for the Members’ activity on the Websites. Violation of any of the terms described in the Terms of Service by the Customer or its Members may result in the immediate termination of the Customer’s account.
Your Information and Content
Customers and their Members have the ability to distribute information and post content (herein the “Content”) on the Websites. The Customer agrees that
- the Customer owns and is responsible for all Content and Member activity on the Websites.
- Uplifter is not responsible for the Content posted on the Websites and the Members’ exposure or consumption of any of this Content.
- Customers must comply with copyright laws in the Customer’s jurisdiction when posting or distributing Content
- The Customer is responsible for the information and data managed within the Software.
- The Customer agrees that it will not post or distribute any Content that Is unlawful, harmful, threatening, abusive, harassing, pornographic, vulgar, obscene, threatening, tortuous, defamatory, libelous, hurtful or racially / ethnically objectionable or invasive of another’s privacy.
- Uplifter does not review any of the Customer Content but reserves the right to refuse or remove any Content posted to the Service.
- Uplifter claims no intellectual property of the Content posted to the Service
- The Customer will not post or transmit unsolicited emails or messages considered “spam”.
- The Customer’s Content and use of Member information will be subject to the privacy policies as dictated by each individual Customer.
- Each Member will be provided with a unique username and password. Customers and Members are encouraged to select secure passwords. Uplifter will not be responsible for maintaining the security of your account and passwords. Uplifter will not be liable for any loss or damage due to the Client’s and Members’ failure to comply with this security obligation.
- If the Customer is associated, sanctioned or affiliated with a larger organization and Uplifter has provided within the Service the ability to send and receive information to and from that organization on the Customer’s behalf, the Customer authorizes Uplifter to send and receive the Customer’s Content and Member activity data accordingly as per the Customer’s request.
- Customers and Members may use this Service at their own risk.
- Customers and Members may not reproduce, duplicate, copy, rent, lease, loan, sell, resell, relicense, assign or exploit the Software or the Service in part or as a whole.
- Customers and Members may not create derivative works based upon all or any part of the Software.
- The overall look and feel of the Service and the Websites are copyright of Uplifter and may not be copied or reproduced for other purposes
- Customers and Members may not modify, adapt, change or hack the Software or the Service.
- Customers and Members may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
- Customers and their Members may not use the Software and this Service for any illegal or unauthorized purposes.
- Customers and Members agree not to violate any laws in the use of this Service.
- Uplifter makes no warranties with respect to the Software and Service, either express or implied. The Software and Service is provided on an “as is” basis as it is available without warranty of any kind, either express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Uplifter does not warrant the performance of or the results you may obtain from use of the Software or Service, or that the Software will meet your requirements, or that the use of the Service will be uninterrupted or free of error.
- In no event will Uplifter, its associated companies or their directors, officers, employees or agents be liable to the Customer or its Members for any direct, indirect, consequential or incidental damages, losses or, expenses of any kind, whether loss of profits, business interruption, or otherwise arising out of or resulting from the Software or Service, however caused, even if Uplifter or any of its associated companies or their directors, officers, employees or agents has been advised of the possibility of such damages, losses or expenses. This disclaimer constitutes an essential part of the Terms of Service and no use of the Service is authorized except as subject to this disclaimer.
- To the extent permitted by law, in no event shall Uplifter be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Customer’s or its Members’ use or inability to use the Software or the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Uplifter has been advised of the possibility of such damages. In no event shall Uplifter’s total liability to the Customer and its Members for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
- If any provision of this Terms of Service shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect.
- Uplifter will provide technical support to the Customer only via email for accounts that are in good standing. Customers will provide their own support to their Members.
- The Customer understands and accepts that Uplifter uses third-party vendors and partners to provide the Software, hardware, storage, networking and any related technologies to provide the Service.
- Uplifter reserves the right at any time to temporarily or permanently discontinue or modify the Service or Software (or any part thereof) with or without any notice to the Customer or Members.
- Uplifter may collect statistical information such as usage or traffic patterns in aggregate form to create billing reports for Customers, monitor and improve the Service, but such information will not include personally identifying information of the Customers’ Members. Uplifter may access the Customer Content to respond to service or technical problems with the Software or Service. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Content.