"We are teaching people how to spin the everyday occurences in life towards something positive and inspirational."
Michael E.Parker,CEO Uplift
"We are teaching people how to spin the everyday occurences in life towards something positive and inspirational."
Michael E.Parker,CEO Uplift
Uplift app Inc. Terms and Agreements
1. Acceptance of Terms
This End User's License Agreement set forth the terms and conditions that apply to your access and use of the Uplift application, website and related network, content and features, available at http://MintShow.com (the "Service"), which is owned by You Are a CEO, Inc.), referred to as Uplift or "we." The term "you" or "User" refers to you, as a user of the Service.
If you wish to use the Service, you must read this Agreement, register to become a Member and indicate your acceptance during the Registration process (or Login process). If you do not register to become a member, by accessing and using the Service you are indicating your agreement to be bound by and to adhere to the following provisions including any schedules, exhibits and related materials that are attached (collectively the "Service Terms" or "Agreement"). These Service Terms also give certain directly enforceable rights to the business that provides Uplift with technology infrastructure and hosting services for the Service (the "Technology Licensor") as a third party beneficiary of this Agreement.
You may not use the Service and you may not accept this Agreement if you are not of a legal age (at least 18 years of age in most states) to form a binding contract with Uplift. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you may wish to print or save a copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about Uplift privacy data protection practices, please read Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Uplift treats your personal information when you access and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. The Service and Your Obligations
The Service is a social network dedicated to building a self-achievement and success-minded community. Subject to your continuing compliance with the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited license to access and use the Service for your internal use only.
You agree to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You are solely responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your username and password. If you become aware of any unauthorized use of your username or password, please notify Uplift as soon as possible.
Certain third party services and service providers (collectively, "Service Providers") may have their own terms and conditions, which will be presented to you in your use of the Service. Your use of those third party services will indicate your acceptance of the additional terms and conditions.
In connection with the Service, we may provide you with the ability to interface and interoperate with certain third party software and to upload data from that software. This functionality is dependent on the operation of the third party software and is provided on an entirely as-is basis. You will be solely responsible for connection of your systems to a telecommunications service that provides Internet access for purposes of your access and use of the Service.
Certain features and functions of the Service require that Uplift and its Service Providers access certain third-party systems and services ("Third-Party Services") on your behalf in order to upload or retrieve information or take other actions requested by you. Accordingly, by using those features and functions of the Services, you authorize Uplift and Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, to register for accounts requested by you, and to take other actions requested by you.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes. Online conduct should be guided by common sense and respect for other users (whether or not registered with the Service), as well as compliance with applicable laws and regulations. Uplift may, in its sole discretion, terminate the account of any Member who engages in inappropriate behavior or illegal activity on and/or in connection with the Service. Uplift and the Technology Licensor will cooperate with the law enforcement officials with respect to any illegal activities or actionable conduct.
You may only use the Service as described in the then current documentation, if any, we make generally available to our customers for use of the Service (the "Documentation"). Except as expressly authorized by this Agreement, you will not (and will not allow any third party to): (i) permit any third party to access and use the Service; (ii) decompile, disassemble, or reverse engineer the Service, except to the extent expressly authorized under the law; (iii) use the Service or any of our Confidential Information to develop a competing product or service; (iv) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the Service for the benefit of any third party; (v) use the Service, or allow the transfer, transmission, export, or re-export of the Services, including by way of a "deemed export," in violation of any export control laws or regulations administered by the U.S. Commerce Department or any other government agency; or (vi) remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Service or Documentation.
Under no circumstances, will we be liable or responsible for any use, or any results obtained by the use, of the Service in conjunction with any other software or third party products. All such use will be at your sole risk.
5.Access and Interference
Uplift expressly reserves the right to remove any content or material and terminate any Account that contains any content, data or information that it or the Technology Licensor determines, in their sole discretion, to be illegal, unlawful, harassing, threatening, intimidating, or an infringement of any third party's intellectual property rights or other proprietary rights, or any violations of any of the terms or conditions referenced in the Service Terms.
You agree that you will not:
Access to the basic Service is free of charge to the members of Uplift. However, certain features or products may be subject to a fee or other charge. As a condition of your use of the Service, you agree to pay Uplift for any product or third party vendor service you order through Uplift. Uplift will charge your credit or debit card on file as applicable. You are responsible for paying all personal property, sales, use and other taxes and license and registration fees and other assessments or charges levied or imposed by any governmental body or agency as a result of the execution or performance of this Agreement, including your receipt of the Service. On notice of not less than sixty (60) days, we may, in our discretion, adjust any or all fees for the Service. You may terminate this Agreement on written notice to us within thirty (30) days of its receipt of our notice to adjust the fees; provided, however , that if you fail to object to the adjustment in writing within the foregoing thirty (30) day period then you will be deemed to have agreed to the adjustment.
Uplift may at any time, terminate its legal agreement with you:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if Uplift in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. immediately upon notice to the e-mail address provided by you as part of your registration information.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MINTSHOW.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. UPLIFT MAKES NO REPRESENTATIONS OR WARRANTIES OR ANY KIND, EXPRESS OR IMPLIED AS TO THE CONTENT OR OPERATION OF UPLIFT.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. UPLIFT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON YOUAREACEO.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. UPLIFT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY PROVIDED, OR SECURE. UPLIFT MAKES NO GUARANTEE THE SERVICE WILL MEET YOUR EXPECTATIONS OR SPECIFIC REQUIREMENTS.
9. Limits of Liability
TO THE MAXIUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER UPLIFT NOR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS OR REPRESENTATIVES OF UPLIFT SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MINTSHOW.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF UPLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UPLIFT'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO UPLIFT FOR ANY PRODUCT OR SERVICE UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM.
You will defend and indemnify Uplift and hold it and its affiliates, officers, directors, employees, and agents harmless from any and all claims, actions, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by them as a result of any third party claim, judgment, or adjudication related to or arising from any or all of the following: (i) your use of the Services; (ii) breach of any of your obligations, representations, or warranties in this Agreement; or (iii) your failure to comply with applicable laws and regulations.
11. Licensing Rights
Uplift hereby grants you, effective upon completion of registration of an Account that entitles you to access and use of the Service, a personal, limited, non-exclusive, non-sub-licensable, non-transferable, revocable right to (i) use the object code version of the computer software that underlies, comprises, and enables the Service (the "Service Software") solely for the purpose of accessing, creating, posting and otherwise using the Service and the social network that are created with the Service Software and that are made available as part of the Service to register users and other individuals who access and use the Service and (ii) to reproduce, publically display and distribute solely as part of the Service, the particular content made available by Uplift in conjunction with the Service, all in accordance with the terms and subject to the conditions of the Service Terms and such separate policies, rules, regulations and guidelines applicable to such content.
You hereby grant to Uplift and its Service Providers a perpetual, irrevocable, transferable, sublicenseable, royalty-free, fully-paid up right to use, modify, display, distribute and create derivative works of any information, data, materials or other content you provide through or to the Service (collectively, "Your Content"), under all copyright, trademark, patent and other intellectual property and other proprietary rights that you own or control. By submitting Your Content, you represent and warrant that you are the owner of Your Content or have the right to grant these rights to Uplift and its Service Providers.
By choosing to make your web pages and related content available on the Service in a form that is intended to be shared publically, you hereby grant to Uplift, the Technology Licensor and their affiliates a non-exclusive license (with rights to sub-license) to reproduce, prepare derivative work, publically display, publically perform and distribute any and all such web pages and content as part of the Service and you agree to allow all registered users and other individuals who access and use the Service, to access, view, reproduce, publicly display, publicly perform comment upon, review, share and otherwise use and distribute your web pages and related content as part of or otherwise in connection with the Service.
12. Uplift Intellectual Property Rights
The contents of mintshow.com, including its "look and feel" photographs, editorial content, notices, software and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of mintshow.com belong or are licensed to Uplift or its software or content suppliers. Uplift grants you the right to view and use mintshow.com subject to these terms. You may download or print a copy of information provided on site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from mintshow.com in whole or in part for any other purpose is expressly prohibited without our prior written consent. As between Uplift and Service Provider, Uplift owns your confidential account information.
The underlying computer programs comprising the Service, as well as the look and feel of the Service, are intellectual property of Uplift, and any and all rights therein and thereto are expressly reserved by Uplift. You acknowledge and agree that you will not duplicate, reproduce, copy, alter, adapt, prepare any derivative work, modify, perform or display, distribute or otherwise use of exploit the Service or any portion of the HTML/CSS, user interface and/or other audio-visual design elements relating to the Service without the Technology Licensor's prior written consent.
Uplift may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the mintshow.com site. In addition, the Agreement will always indicate the date it was last revised. Any changes to this Agreement will be effective after the date on which the revised Agreement posted. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. If you do not agree to those changes, you may terminate this Agreement as provided above.
14. Governing Law
This Agreement, and your relationship with Uplift under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Uplift or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state and federal courts within or serving Contra Costa County, California. You hereby consent to the exclusive jurisdiction of those courts. Notwithstanding the foregoing, in the event of potential imminent harm requiring temporary or preliminary injunctive relief, Uplift may seek injunctive relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Uplift is able to offer the Service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Uplift, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Uplift does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Uplift has the benefit of under any applicable law), this will not be taken to be a formal waiver of Uplift rights and that those rights or remedies will still be available to Uplift. This Agreement represents the entire understanding and agreement between you and Uplift regarding its subject matter, and supersedes all other understandings and agreements.
16. Digital Millennium Copyright Act Compliance.
If You are a copyright owner or an agent thereof, and believe that any third party content on the Site infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C $ 512(c)(3) for further detail). (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Uplift to locate the material; (iv) Information reasonably sufficient to permit Uplift to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Uplift designated Copyright Agent to receive notifications of claimed infringement is:
K&L Gates Law Firm
ATTN: Britt Anderson
Telephone: (650) 798-6700