Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
eCharityBox reserves the right to:
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to eCharityBox or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
eCharityBox and the eCharityBox Logo are trademarks which belong to 'eCharityBox' and they may not be may not be used, copied or reproduced in any way without written consent from 'eCharityBox'.
For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, eCharityBox will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
eCharityBox makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of eCharityBox for death or personal injury as a result of the negligence of eCharityBox or that of its employees or agents.
You agree to indemnify and hold eCharityBox and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against eCharityBox arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the State of Georgia whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the United States.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
This Agreement: This Agreement, and any new versions, between eCharityBox and You, covers all your use of eCharityBox Software from any terminals where eCharityBox Software has been installed, by you or by third parties. You can accept this Agreement by clicking on the ACCEPT button or similar buttons or links as may be designated by eCharityBox.
Additional Terms: Your agreement with eCharityBox will also include the Additional Terms (as defined below). The Additional Terms shall include, but are not limited to, the terms and policies set out in paragraph 7 below. In order to use the eCharityBox Software, eCharityBox Website and Products, You must accept the Additional Terms. You can accept the Additional Terms by (I) clicking to accept or agree where this option is made available to You, or (ii) by actually using the eCharityBox Software, eCharityBox Website and Products, in which case You acknowledge and agree that eCharityBox will treat such use as acceptance of the applicable terms. You acknowledge and agree that by accepting this Agreement and the Additional Terms you are entering into a legally binding contract, which collectively is referred to below as the “Terms”. If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall take precedence in relation to the relevant eCharityBox Service. You should print off or save a copy of the Terms for your records.
Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the eCharityBox Software. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: If the law of your country prohibits you from downloading or using eCharityBox Software because you are under the age limit or because the eCharityBox Software is not allowed in your country, please don’t use it.
1.1 The following terms and expressions shall have the following meanings:
Additional Terms: the terms and conditions and policies applicable to your use of the eCharityBox Software, the eCharityBox Website and the Products, in addition to this Agreement.
Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, eCharityBox. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
Content: means any and all content consisting of text, sounds, pictures, photos, video and/or any type of information or communications.
Documentation: any online or otherwise enclosed documentation provided by eCharityBox.
Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the eCharityBox Software by You, whichever occurs earlier.
IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Password: refers to a code you select, which, in combination with the User ID, gives you access to Your User Account.
Product(s): shall have the meaning given in the Terms of Service at http://www.eCharityBox.com.
eCharityBox: refers to the company established under the laws of Atlanta, Georgia. eCharityBox with its address at 990 St. Charles Ave, Atlanta, GA 30306
eCharityBox API: application program interface consisting of the set of routines utilized by the eCharityBox Software to provide the eCharityBox Software functionality for a given platform or operating system, eCharityBox API being included in or linked to the eCharityBox Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.
eCharityBox Online Material: the eCharityBox buttons and widgets available for download on the eCharityBox Website at http://www.eCharityBox.com, as such may be changed from time to time by eCharityBox in its sole discretion.
eCharityBox Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by eCharityBox for the promotion of its company, its products and activities, other than the eCharityBox Online Material.
eCharityBox Software: the software distributed by eCharityBox for internet communication applications, including without limitation the eCharityBox API, UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof.
eCharityBox Staff: the officers, directors, employees and agents of eCharityBox or its Affiliates, or any other persons hired by eCharityBox or its Affiliates.
eCharityBox Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL, www.eCharityBox.com, – among other URL’s –, from which website the eCharityBox Software can be downloaded.
Terms: has the meaning given in the “Additional Terms” preliminary term above.
UI: the user interface of the eCharityBox Software.
User Account: refers to the account with User ID and Password that you create for your use of the eCharityBox Software.
User ID: refers to an identification code you selected, which in combination with the Password, gives access to Your User Account.
You: You, the end user of the eCharityBox Software, also used in the form “Your” where applicable.
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.1 License: Subject to the terms of this Agreement, eCharityBox hereby grants You a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to download, install and use the eCharityBox Software on Your computer, phone or PDA for the sole purpose of personally using the internet communication applications provided by eCharityBox and any other applications that may be explicitly provided by eCharityBox.
2.2 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the eCharityBox Software or any part thereof.
2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the eCharityBox Software or any part thereof except to the extent permitted by law.
2.4 Third Parties: The eCharityBox Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the eCharityBox Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the eCharityBox Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with eCharityBox or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to eCharityBox or its Affiliates to enforce any of your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the eCharityBox Software, the eCharityBox Website, the eCharityBox Online Material and the eCharityBox Promotional Materials are and shall remain the exclusive property of eCharityBox and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, you. You are only entitled to the limited use of the IP Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with eCharityBox’s IP Rights. Any unauthorized use of eCharityBox’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the eCharityBox Software, but may be accessed through use of the eCharityBox Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
2.6 No Removal of Notices: You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or eCharityBox’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
2.7 Use of eCharityBox API.
2.7.1 You may make use of the eCharityBox API provided that:
(i) You comply with the eCharityBox API Terms of Use at http://www.eCharityBox.com
(ii) Your use of the eCharityBox API is for legitimate purposes only and shall not adversely affect the functionality or performance of the eCharityBox Software or services provided by eCharityBox; and
(iii) You will monitor the eCharityBox Website in order to ensure that you are aware of any changes in the eCharityBox API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the eCharityBox API and, where applicable, the eCharityBox Software.
2.7.2 If you are interested in using the eCharityBox API for a purpose which is not permitted under this Agreement or the eCharityBox API Terms of Use, You will have to obtain eCharityBox’s prior written consent and explicitly agree upon any further commercial terms.
3.1 No Warranties: Installing eCharityBox Software enables you to make micro donations to charities. eCharityBox cannot guarantee that you will always be able to donate with its main servers, nor can eCharityBox guarantee that you can donate without disruptions, delays or communication-related flaws or that all your communications shall always be delivered to other people.
3.2 Content
3.2.1 You acknowledge and agree that You are solely responsible for any Content that You upload, submit, post, transmit or display through the eCharityBox Software (“Use” or “Used”) and that eCharityBox is not responsible to You or any third party for any Content that is Used by You or any other eCharityBox Software user.
3.2.3 Third Party IP Rights: You agree that you shall not Use any Content that is subject to any third party IP Rights, unless you have a license or specific permission from the owner to Use such third party content, and to grant eCharityBox the license set out in paragraph 3.2.4 below.
3.2.4 License: You hereby grant to eCharityBox a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable and transferable license to Use the Content in any media in connection with the eCharityBox Software, the Products and the eCharityBox Website.
3.2.5 Removal of Content: eCharityBox reserves the right (but shall have no obligation) to decide whether any Content that You Use complies with this Agreement and any Additional Terms. eCharityBox may in its sole discretion remove such Content and/or terminate this Agreement and Your User Account if You Use any Content that is in breach of this Agreement and/or any Additional Terms at any time and without prior notice to You.
3.3 Utilization of Your Computer: eCharityBox Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizing, for the limited purpose of facilitating the donating. eCharityBox will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however eCharityBox cannot give any warranties in this respect.
3.4 New Versions of the eCharityBox Software: eCharityBox, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the eCharityBox Software. eCharityBox has no obligation to make available to you any subsequent versions of the eCharityBox Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the eCharityBox Software.
3.5 Suspension: eCharityBox may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the eCharityBox Software, and/or disable any eCharityBox Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at eCharityBox’s discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
4.1 Lawful purposes: You will use the eCharityBox Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the eCharityBox Software or the communication; (c) send any unsolicited communication not permitted by applicable law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the eCharityBox Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use (including as part of your user name) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
4.2 Representations: You represent and warrant that you are authorized to enter into and comply with the Terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the eCharityBox Software, the Products and/or the eCharityBox Website.
4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ECHARITYBOX AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE ECHARITYBOX SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE ECHARITYBOX SOFTWARE. OR (E) ANY ISSUES ARRISING FROM TAX AND TAX DEDUXCTIBLE RELATED ISSUES THAT MAY ARISE.
4.4 Utilization of Your Computer: If Your use of the eCharityBox Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the eCharityBox Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the eCharityBox Software, You have obtained such consent.
5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either eCharityBox or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by you or you use the relevant eCharityBox Service (as applicable), and will remain effective until terminated by either eCharityBox or You as set out below and/or in the applicable terms.
5.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, eCharityBox may limit, suspend, or terminate this license and Your use of eCharityBox Software, prohibit access to the eCharityBox Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. eCharityBox shall effect such termination by providing notice to you to the email address you have provided, and/or by preventing your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the eCharityBox Software shall immediately terminate; (b) You will immediately cease any and all use of the eCharityBox Software; and (c) You will immediately remove the eCharityBox Software from all hard drives, networks and other storage media and destroy all copies of the eCharityBox Software in Your possession or under Your control
5.4 New Versions: eCharityBox reserves the right to change this Agreement at any time by publishing the revised Agreement on the eCharityBox Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or your continued use of the eCharityBox Software after expiry of the notice period of thirty (30) days shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.eCharityBox.com. eCharityBox reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the eCharityBox Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different.
6.1 No Warranties: THE ECHARITYBOX SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; ECHARITYBOX DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE ECHARITYBOX SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. ECHARITYBOX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE ECHARITYBOX SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT ISSUES, NOR DOES ECHARITYBOX WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, FURTHERMORE ECHARITYBOX DOES NOT WARRANT THE DONATIONS MADE THROUGH THE ECHARITYBOX SYSTEM, WEB SITE, APPLICATIONS, MOBILE PHONE APPLICATIONS, PDA APPLICATIONS TO BE TAX DEDUCTIBLE. REVIEW ALL TAX DEDUCTION QUESTIONS WITH THE IRS AND YOUR PERSONAL CPA.
6.3 Your own Risk: You acknowledge and agree that the entire risk arising out of your use of the eCharityBox Software remains with you, to the maximum extent permitted by law.
6.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT ECHARITYBOX, ITS AFFILIATES, ITS LICENSORS AND THE ECHARITYBOX STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE ECHARITYBOX SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ECHARITYBOX SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH ECHARITYBOX SOFTWARE OR FOLLOW THE TERMS OF AGREEMENT IF ANY.
6.5 Limitation of Liability: IN NO EVENT SHALL ECHARITYBOX, ITS AFFILIATES, ITS LICENSORS OR THE ECHARITYBOX STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
6.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE ECHARITYBOX SOFTWARE; AND
6.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE ECHARITYBOX SOFTWARE;
6.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE ECHARITYBOX SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY ECHARITYBOX FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE ECHARITYBOX SOFTWARE TO YOU.
6.6 THE LIMITATIONS ON ECHARITYBOX’S LIABILITY TO YOU IN PARAGRAPH 6.5 ABOVE SHALL APPLY WHETHER OR NOT ECHARITYBOX, ITS AFFILIATES OR THE ECHARITYBOX STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
6.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF ECHARITYBOX FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ECHARITYBOX, THE ECHARITYBOX STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
6.8 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
7.1 In addition to this Agreement, You have to comply with the following Additional Terms when using the eCharityBox Software, the Products and the eCharityBox Website. We expect you to read these Additional Terms carefully, all of which are made part of this Agreement;
7.2 Your Confidential Information and Your Privacy: eCharityBox is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy at http://www.eCharityBox.com sets out how eCharityBox may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy then please does not use the eCharityBox Software or the Products.
8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between you and eCharityBox with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or eCharityBox arising out of fraud or fraudulent misrepresentation.
8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.
8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If eCharityBox waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. eCharityBox is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.
8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Luxembourg and shall be subject to the jurisdiction of the courts of the district of Luxembourg.
8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
8.7 Survival: The terms of paragraphs 2.5, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE ECHARITYBOX SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ECHARITYBOX THE RIGHTS SET FORTH HEREIN.
© eCharityBox – Last revised: September 2009