Last Updated: August 04, 2014
This is a legal agreement between you and Hopela that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of Hopela’s rules and policies collectively constitute this "Agreement" between you and Hopela. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SERVICES.
1. Apple Disclaimer. The following paragraph applies to any version of the Services that you acquire from the Apple App Store. This Agreement is entered into between You and Hopela. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. Hopela, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
2. License to Services. Hopela grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Services and their content on the corresponding platforms and not to modify all or any portion of the Services and their content. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any images or third party content on the Services; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Hopela’s express written consent. You will not access or attempt to access content on the Services through any interface except for the publicly provided interfaces provided by Hopela. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Hopela, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
3. Copyright and Ownership. All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Hopela, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the Services or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Services for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Hopela or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Services.
4. Trademarks/No Endorsement. All trademarks, service marks and trade names of Hopela used herein (including but not limited to: Hopela name, Hopela corporate logo, the Services name, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Hopela or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Hopela trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Hopela's prior written consent. The use of Hopela trademarks on any other web site or network computer environment is not allowed. Hopela prohibits the use of Hopela trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use Hopela’s name or any language, pictures or symbols which could, in Hopela’s judgment, imply Hopela’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hopela has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hopela has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. You are also entirely responsible for privacy and security of any device used by you to access the Services, including without limitation a mobile phone, tablet, or a PC device.
6. User Submissions and Comments. You retain all your rights to any Content (e.g. comments, photographs and videos, participation in communities, tips, etc.) that you create, submit or share using the Services (“User Submissions”). By posting User Submissions on our Site, you do expressly grant Hopela a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in your User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the Hopela Services, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Hopela shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. If you upload a User Submission to the Services or other third party websites or applications (for example, by sharing your Content on other social media), you also understand that you are giving other users the right to modify, copy, distribute, publicly perform, publicly display, and create derivative works from it.
9. User Published Content. User Submissions and User published Content do not represent the views of Hopela or any individual associated with Hopela, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Hopela’s endorsement of user published Content. Hopela does not vouch for the accuracy or credibility of any user published Content on our Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Services. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, you assume all associated risks.
10. Advertising Rights. Hopela reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Services [and/or your User Submission], and Hopela and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Hopela to sell, license or offer to sell or license any advertising, promotion or distribution rights.
11. Linking to the Services. Except as permitted via the sharing features offered within the Services, creating or maintaining any link from another web site to any page on the Services without our prior written permission is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Services must comply will all applicable laws, rule and regulations.
12. Third Party Links. From time to time, the Services may contain links to web sites that are not owned, operated or controlled by Hopela or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Services, you do so entirely at your own risk.
13. Transactional Partners. In some cases we partner with another company to co-promote their services within our Services. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Hopela terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.
14. Fees. For all charges associated with your donation via the Services, Hopela or its vendors or agents will bill your bank card, credit card or alternative payment method that you have selected for your transaction and offered by Hopela. When you provide bank card information, account numbers or other information necessary to facilitate transaction payment to an organization of your choice, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Services. Hopela does not provide refunds for any amounts donated via the Services. By submitting a donation amount to an organization of your choice and clicking the “Give” or “Donate” button on the Services, you indicate that you are making a donation in good faith and you acknowledge and agree that you will not receive any specific value, service, or product in return. You must resolve any dispute regarding your donation, including without limitation any refund of such donation, directly with the charitable organization to which you make the donation. If you have signed up for on-going payments to a charitable organization in connection with your donation, you may access your account and terminate or adjust future payments via the Services. If you make a donation in error, you must request a correction within 24 hours by emailing us at email@example.com with the transaction ID, transaction date, organization name, submitted and intended amount.
15. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. You understand that the Services are published in the United States and by using the Services you represent that you are a resident of the United States. If you are not a resident of the United States, you may not use the services.
17. General Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this agreement; (iv) You are not, and have not been an agent of Hopela and were not and are not acting on behalf of, or as a representative of, Hopela or any other party in connection with the User Submission; (v) the User Submission and Hopela’s use thereof as contemplated by this Agreement and Hopela will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Hopela or any third party; (b) Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
18. DISCLAIMERS. Your use of thIS Site is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HOPELA, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER HOPELA, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOPELA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOPELA OR THROUGH THE SERVICES CONSTITUTES FINANCIAL OR TAX ADVICE AND NO SUCH ADVICE OR INFORMATION SHOULD BE RELIED UPON BY YOU FOR FINANCIAL OR TAX PURPOSES. PLEASE CONSULT A FINANCIAL ADVISOR AND OTHER CERTIFIED TAX PROFESSIONAL FOR ADVICE REGARDING THE FINANCIAL AND/OR TAX IMPLICATIONS OF ANY DONATION MADE VIA THE SERVICES.
19. LIMITATIONS OF LIABILITY. Hopela does not assume any responsibility, nor will Hopela be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Services, or your downloading of any information or materials from this Services. IN NO EVENT WILL HOPELA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSERVICES LINKED TO THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT HOPELA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH YOUR DONATION, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE APPLICABLE CHARITY IN ACCORDANCE WITH SUCH CHARITY’S REFUND POLICIES POSTED ON THE SERVICES (IF ANY). . IN NO EVENT SHALL HOPELA' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
20. Indemnity. You agree to defend, indemnify and hold Hopela and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or the Internet or your placement or transmission of any message, payment or information on the Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) [any claim or damages that arise as a result of any User Submission that you provide to Hopela]; or (vi) any other party’s access and use of the Services with your username, password or other appropriate security code.
21. Release. In the event that you have a dispute with one or more other users of the Services, including without limitation any participating charity, you release Hopela (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
23. Force Majeure. Neither Hopela nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
25. Independent Contractor. You and Hopela are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
27. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Hopela has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Hopela has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Hopela or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Valerie Sanford, firstname.lastname@example.org.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
28. Entire Agreement. These terms and conditions are the entire agreement between the user and Hopela and supersede any prior understandings or agreements (written or oral).
29. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at email@example.com.
30. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, Hopela, Inc. or its licensors. ALL RIGHTS RESERVED.