Terms and Conditions

Uplifting Pills is an independent online music subscription service. By visiting uppmixes.com (the “Website”), or using any features offered through the Website or any affiliated applications, tools or features accessible by computer or handheld device (together, the “Services”) you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures instituted from time -to-time (these “Terms of Use”). These Terms of Use are between you and Uplifting Pills (“UPP” or the “Company”), the owner of the Services. When used in these Terms of Use, “we”, “us” and “our” mean Uplifting Pills.

Your use of the Services constitutes your acceptance of these Terms of Use. Furthermore, you acknowledge that the Services may include certain elements which allow Uplifting Pills proprietary software to be downloaded to your computer. This software may interact with other programs on your computer or handheld device and our servers.
These Terms of Use apply to the Services currently offered by Uplifting Pills as well as Services that may be offered in the future. Uplifting Pills reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, hours of availability, and software needed for access or use. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to any user whose use of the Services has been suspended or revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use. Uplifting Pills reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

Content. Uplifting Pills may present you with streaming audio files, listening tools, information, content and features including but not limited to track lists, biographical information, images, product information, time stamps, software applications, advertisements, graphics, video and audio files, calendars, programs, code and various tools and features for downloading, listening to and managing audio content; the Services may also include third party materials, software, features and information made available to you by virtue of a license, grant or some other form of agreement (collectively, “Website Content”). Uplifting Pills is not responsible for inaccurate information provided through the Services, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content provided on or through the Services.
The Services and Website Content are made available for your personal, non-commercial use only. If you wish to make commercial use of the Services or Website Content, you must first enter into a written agreement with Uplifting Pills. Please contact us at info@uppmixes.com for more information.

Membership and Posting. You may register for membership by providing personal information and other profile information (collectively, “Profile Information”), and you may be permitted to sign up for contests, comment on, post, transmit or submit messages, commentaries, reviews, ideas, concepts, techniques, know-how and other information and materials, which may include (without limitation) entering data, uploading information, links, documents, images and files, participating in discussions, engaging with other users and providing Profile Information, submitting opinions and reviews and engaging other users of the Services (collectively, and together with Profile Information, “User Generated Content”). When you submit, publish, post or display User Generated Content on or through the Services by creating a profile, connecting with other users, posting materials or participating in interactions with third parties, you agree to comply with these Terms of Use. For purposes of these Terms of Use, Content shall include User Generated Content and Website Content.

Content and Services. Uplifting Pills does not endorse or have any control over User Generated Content submitted by you or others, and accepts no responsibility whatsoever in connection with or arising from Content owned or posted by any third party. User Generated Content submitted through the Services is not necessarily reviewed by Uplifting Pills prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any User Generated Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate User Generated Content and (c) no direct control over the conduct of the user submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any User Generated Content, or any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including without limitation information and data posted or accessible through the Services by you. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Uplifting Pills shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or published, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

You may have the ability to send (by e-mail or otherwise) messages directly to Uplifting Pills or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by Uplifting Pills or third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

Ownership and Use of Content. Except as otherwise set forth herein, as between you and Uplifting Pills, all Website Content is owned by Uplifting Pills and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Website Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Website Content, including, without limitation, framing the Website Content within another website, is expressly prohibited without the prior written permission of Uplifting Pills. Please contact us at info@uppmixes.com with any licensing inquiries.

Advertisements and Third Party Materials. From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Third Party Materials, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Materials, Uplifting Pills is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.

Limitation of Use. You agree that you will neither post nor submit any Content that:

Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any Website Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Uplifting Pills, the Services, their users or any third party; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any third party or Uplifting Pills.

Disputes. Uplifting Pills reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any third party. In the event a dispute arises between you and Uplifting Pills or any third party, please e-mail the Company at support@uppmixes.com. Uplifting Pills will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.

The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

Notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent DMCA@uppmixes.com. We strongly recommend that you consult your legal advisor before filing a notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Intellectual Property. Uplifting Pills and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation “Uplifting Pills”, the Uplifting Pills Logo, and the “Music that takes you to a happier place” tagline, whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of the Company. Nothing herein grants you any right, title or interest in any Uplifting Pills names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, technology and designs (whether or not the subject of a patent application) (together, “Uplifting Pills IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Uplifting Pills IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Uplifting Pills IP, or domain names incorporating any of the same; or (iii) incorporate any Uplifting Pills IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Uplifting Pills marks, names or designations by operation of law or otherwise, you will immediately upon request from Uplifting Pills and at no expense to Uplifting Pills assign such rights, registrations and applications to Uplifting Pills.

Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Uplifting Pills user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Website or Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Uplifting Pills, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Uplifting Pills reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Uplifting Pills does not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Uplifting Pills has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Uplifting Pills shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Uplifting Pills harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Uplifting Pills if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Uplifting Pills reserves the right to block your User Codes for any reason.

For your protection, Uplifting Pills may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

Purchases. You may be able to purchase a subscription for certain additional features of the Website and Services. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Uplifting Pills and you agree to pay all applicable taxes. By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card number, expiration date and address), that any credit or debit card transactions are authorized, and that you are the legal holder of any credit or debit card or payment account used to enter into any transaction on or through the Services.

In the event (a) your credit card is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your credit card cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than failure by Uplifting Pills to deliver the features purchased by you, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, thereby terminating all of Uplifting Pills’ obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $6 USD, per instance, which charge you hereby authorize by entering into any transaction through the Website. In the event of a subscription service, the credit card on file for your account will be billed automatically depending on the original Agreement between you and Uplifting Pills. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (x) you notify Uplifting Pills within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Uplifting Pills directly, and such efforts have failed.

Refunds. You agree that refunds are not given for any charges whatsoever.

We reserve the right to refuse any order you place with us. We may cancel your order for any reason, in our sole discretion. We reserve the right to restrict or rate-limit your subscription access at any time at our discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Furthermore, Uplifting Pills reserves the right to change the prices it charges in its sole discretion, provided such new prices will only be instituted with prior notice to you.

Minors. Uplifting Pills does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.

Availability. Not all of the Services are available in all geographic areas, and the Company reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country.

NO WARRANTY. THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.

TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.

NO LIABILITY. Uplifting Pills shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Use.

IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS LICENSEES OR SUPPLIERS LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE SERVICES OR CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPLIFTING PILLS’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, OR THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UPLIFTING PILLS IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnification. You agree to indemnify, defend and hold harmless Uplifting Pills and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Uplifting Pills IP or other right of Uplifting Pills or any third party. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim.

Term & Termination. These Terms of Use shall commence when you first visit the Website or use any feature incorporated into the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for a ny reason at any time, in our sole discretion. Uplifting Pills may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in our sole discretion. Without limiting the foregoing, Uplifting Pills has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Uplifting Pills, in its sole discretion, considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Uplifting Pills or any user. If your use of the Services is terminated, you will no longer be authorized to access any Uplifting Pills Websites or applications, or use any of the features we offer. Without limiting any other rights of Uplifting Pills hereunder, you understand and acknowledge that Uplifting Pills, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes. The Services and these Terms of Use are subject to change and updating by Uplifting Pills and our affiliates, licensees, partners, agents and representatives at any time without prior notice. Changes may include superseding terms of use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME-TO-TIME TO BE AWARE OF ANY CHANGES. Your continuing use of any Uplifting Pills services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy. Please click here for our Privacy Policy.

Applicable Law; Jurisdiction. Persons who access the Services do so at their own initiative, and are responsible for compliance with applicable laws and regulations. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in New York, NY. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Uplifting Pills IP.

General. These Terms of Use set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by your internet service provider. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.

The Services are provided by Uplifting Pills Copyright 2016, Uplifting Pills, all rights reserved.

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