Terms of Service (“Terms”)

This is the Terms of Service for all apps and websites developed and owned by Daily Mind Lift ("we", "us", "our"). The following Terms of Service, along with our Privacy Policy create a legal contract (the "agreement") between you ("you" or "your"), on one hand, and Daily Mind Lift, in the state of New York in the United States of America, on the other hand, governing your use of all the content we provide through our App, ("Content"). By using or accessing our App (collectively "Use our App", "Use of our App" or "Using our App"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using the App, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service (TOS).

IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, THEN YOU MAY NOT CONTINUE YOUR USE OF our App.

BY ENTERING THIS AGREEMENT, YOU SPECIFICALLY AGREE TO WAIVE ANY AND ALL OF YOUR RIGHTS TO PURSUE OR PARTICIPATE IN A CLASS ACTION AGAINST Daily Mind Lift, ITS AFFILIATES, AND RELATED PARTIES WITH REGARDS TO THE APP AND/OR THE SITE.

PRIVACY

Please review our Privacy Policy, which also governs your use of our Apps, to understand our practices. Please visit https://sites.google.com/view/daily-mind-lift/home/privacy-policy for Daily Mind Lift Privacy Policy.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Daily Mind Lift has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Daily Mind Lift or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

LICENSE AND ACCESS

As a user of the Apps, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the App (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the App and/or Content for your own personal, non-commercial use. No part of the App and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the App, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the App, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the App and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the App in order to obtain information about the App and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.

LINKS TO OTHER WEB SITES

Our App may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by Daily Mind Lift. Daily Mind Lift has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site. You are subject to the policies of those third parties when and where applicable. By using the App, you expressly relieve Daily Mind Lift from any and all liability arising from your use of any share functionality or third-party site accessed from the App.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INTELLECTUAL PROPERTY RIGHTS

All content included in or made available through the App, such as songs, text, graphics, images, audio clips, music and digital downloads, the trademarks, service marks, logos and button icons contained therein is the property of or licensed to Daily Mind Lift and subject to copyright and other rights protected by United States and international intellectual property laws.

COPYRIGHT COMPLAINTS

Daily Mind Lift respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at daily.mind.lift@gmail.com.

APP PERMISSIONS

When you use Daily Mind Lift App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and use Daily Mind Lift App. You must provide all equipment and software necessary to connect to the Apps, and are responsible to ensure that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the App requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Daily Mind Lift, any new or additional features of the App, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of our App, or alleged Use of our App.

WARRANTY DISCLAIMER

YOUR USE OF OUR APP, IS SOLELY AT YOUR OWN RISK. THE APP AND THE ASSOCIATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY Daily Mind Lift OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF Daily Mind Lift AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT OUR APPS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER Daily Mind Lift NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR APPS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.

Daily Mind Lift USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT ANY OF THE CONTENT ON OUR APP ARE CORRECT. HOWEVER, Daily Mind Lift CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Daily Mind Lift AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU, OR ANYONE ELSE USING OUR APP WILL USE IT AT YOUR/HIS/HER OWN RISK OF PROPERTY AND PERSONAL INJURY, WHETHER SUCH INJURY IS FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, SEIZURES, VISION PROBLEMS, OR OTHER SYMPTOMS RELATED TO THE USE OF OUR APPS. YOU ACKNOWLEDGE THAT THE PERSON USING OUR APPS ARE FIT FOR SUCH USE AND ARE USING THE SAME AT YOUR OWN DISCRETION AND SENSE OF JUDGEMENT.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR APPS, IN ANY MANNER, FORESEEABLE OR OTHERWISE. ALSO, WE SHALL NOT BE LIABLE FOR YOUR OR ONE'S INABILITY TO ACCESS OUR APP, NOR SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY AS TO ANY VIRUS OR MALICIOUS CODE ON YOUR OR THEIR DEVICES ALLEGEDLY RESULTING FROM THE USE OF OUR APP; EVEN IF Daily Mind Lift AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL CUMULATIVE LIABILITY OF Daily Mind Lift, ITS AFFILIATES AND/OR THIRD PARTY SUPPLIERS TO YOU OR TO ANY THIRD PARTIES, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO Daily Mind Lift (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Daily Mind Lift AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

INDEMNIFICATION

You agree that you shall defend, indemnify and hold harmless Daily Mind Lift and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other users of our Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of our App; (iii) any third party's access or Use of our App; and (iv) your use of any of the App Content.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service 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, non-infringement or course of performance.

Daily Mind Lift its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

Daily Mind Lift reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document.

Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.

CONTACT US

If you have any questions about these Terms, please contact us at daily.mind.lift@gmail.com.

DATE OF LAST UPDATE: April 6th, 2021.

CONTACT

Daily Mind Lift

Email: daily.mind.lift@gmail.com