This End User Software License Agreement (hereinafter referred to as this “Agreement”) is made between the user of this site and Ask a Fundraiser (hereinafter referred to as “Licensor”), with its principal office located in Washington, DC, for the use of the Software and content contained on this site (hereinafter referred to as “Application”).
The terms and conditions in this Agreement set out the rights and obligations of all users regarding the use of the Licensor’s Application and Service. Your access to and use of the site is conditioned on your acceptance of and compliance with the terms and conditions contained in this Agreement. This Agreement applies to all visitors, users and others who access or use this site. By accessing or using the site you agree to be bound by these terms and conditions.
A. Licensor agrees to provide a non-exclusive, non-transferable, revocable license to use the Application and any updates, subject to the terms and conditions set out in this Agreement.
B. The user may use the Licensor’s Application solely for its own noncommercial use. The Application cannot be used for any other purpose.
A. You are not permitted to sell, lend, trade, expose for sale, lease, rent, sub-license, publish, copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivatives of all or any portion of the Application or Application updates without Licensor’s express prior written consent or as otherwise expressly permitted by applicable law.
B. You may not use the Licensor’s intellectual property to develop, design, sell, lease, or license any technology or derivative content without Licensor’s express prior written consent.
C. You may not attempt to export the source code of this Application or decode or modify any part of the Application or the services that it provides.
A. All title, ownership rights, and intellectual property rights over and in respect to the the Application and its content, including, but not limited to, all text, graphics, sounds, messages or items of information, fictional names/objects/concepts, domain names, and any other elements which are a part of the Application individually or in combination, and any and all copies thereof, are owned by Licensor and its affiliates.
B. The user does not acquire any rights of ownership in the Application. This License confers no title or ownership in the Application and should not be construed as a sale of any rights in the Application or its content.
C. To the extent that the user has employees, members, or other direct agents that have access to use of the Application, the user shall take all necessary steps to ensure its agents comply with the obligations of this Agreement and do not commercialize or disclose the content to any third parties.
The user shall not share use of this Application with any parties that are not direct agents, members, or employees.
i. User is responsible for safeguarding the password used to access the Application and for any activities or actions under the password. User agrees not to disclose passwords for the Application to any third party. User must notify Licensor immediately upon becoming aware of any breach of security or unauthorized use of user’s account.
ii. All information entered upon account creation must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of the user’s account.
A. This Agreement is effective from the date you begin use of the Licensor’s Application, using a valid and acceptable form of payment. Licensor may terminate this Agreement at any time without notice or liability, for any reason whatsoever, including, without limitation, breach of this Agreement. Upon termination, user’s right and ability to use the service will cease immediately. Once this Agreement is terminated, user must stop using the Licensor’s Application and delete any and all of the Licensor’s stored proprietary content. User may keep and maintain all of its created content, including its own work-product produced by using the Application.
B. This Agreement will be renewed automatically on an annual basis using the method of payment on file. User must maintain its account, including storing valid payment methods, to facilitate annual renewal of this Agreement in order to continue use of the Application.
C. If user wishes to terminate this Agreement at any time, user must simply cancel its account with Licensor’s Application and discontinue using this Application and its services. Prorated fees for this Application will be charged at the time of cancellation/termination.
D. The terms and intellectual property protections of this End User License Agreement shall remain effective after the termination of this Agreement and after the user has ceased utilization of the Licensor’s Application.
Licensor reserves the right to revise its prices for use of the Application at any time prior to accepting a user’s account creation or after a user’s continued use of the Application.
A. Any content posted on this Application by user is the sole responsibility of the user, including the legality, reliability, and appropriateness of the user’s content.
B. Licensor is not responsible for the content of the Application’s users. User expressly understands and agrees that it is solely responsible for content posted and activity conducted in the Application under the user’s account, whether done by user or any employee, member, or direct agent using the account.
C. Licensors reserves the right, but not the obligation, in its sole discretion to determine whether or not any content is appropriate and/or proceed with removal of content that Licensor does not deem appropriate.
D. The Licensor does not guarantee there will be no loss or corruption of user data.
E. User represents and warrant that:
i. User content is either created or owned by user or user has the right to use and grant licenses to its content, and
ii. Posting of user content on or through this Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
A. You acknowledge that the software for this Application is provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, express or implied. And to the maximum extent permitted by applicable law, neither Licensor nor its affiliates nor the copyright holders make any representations or warranties, express or implied, including as to the Application’s (1) conformity, accuracy, reliability or security; (2) its suitability for a particular use; (3) implied warranties of title, non-infringement; (4) its market value; or (5) your satisfaction. There is no warranty that the functions contained within this Application will meet your requirements, or that the operation of the Application will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Application to achieve your intended results and for the use and results obtained from it.
B. Licensor does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Licensor reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
A. To the fullest extent of applicable law, Licensor shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Application, including but not limited to damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of related to this Agreement or the Application. To the fullest extent of applicable law and as allowed by applicable law, Licensor’s liability for all damages shall not exceed the actual price paid by you for use of the Application.
B. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, PROFITS, OR ANTICIPATED SAVINGS) UNDER THIS AGREEMENT.
The user and Licensor acknowledge and agree that there is no adequate remedy at law for, and that irreparable harm would result from, any material breach of the provisions of this Agreement. Accordingly, in the event of a continuing or incurable breach, Licensor shall be entitled to injunctive relief and to specific performance of the terms and provisions of this Agreement, in addition to any other remedy to which either Party may be entitled, whether at law or in equity.
The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds any provision of this Agreement invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement shall be governed by the laws of the state of the District of Columbia without regard to any conflicts of law principles or provisions.
Licensor reserves the right, in its sole discretion, to modify or replace these terms at any time. If a revision is material, Licensor will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined in Licensor’s sole discretion and as applicable by law. By continuing to access or use the Application after those revisions become effective, user agrees to be bound by the revised terms.
If you have any questions about the terms of our Services you may contact us by email at info@askafundraiser.com.