GIVE Nation 501c3
(End User License Agreement)
TERMS OF SERVICE
September 2nd, 2019
Before accessing or using the Services, you must agree to these Terms of Service and Give’s Aviso de privacidad. If you are below 18 years old, or a minor according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Give reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and some or all parts of the Services may not work with your network provider or device.
1. Eligibility and Account Registration
a. Registration by Children
We comply with the Children’s Online Privacy Protection Act (COPPA) and GDPR through the verification and consent process handled by Give. If you are over the age of 13 and register to create an Account through Give, Give will enable you to access and use the Services. The Parent of each child under the age of 13 must register with Give Nation 501c3 (“GIVE”) through GiveNation.World before a child may use all the features of the Services. Give requires the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, Give will enable the Parent to activate child’s Account with us.
If a Parent does not consent to a child’s access to and use of the Services or does not verify the Parent’s consent through the consent process, Give will prevent the child’s access to and use of core features of the Services, and ensure that such child’s information is not accessible through the Services. If a Parent has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Parent should contact us at [email protected] to submit the request. We will discontinue that child’s access to and use of the Services and ensure that such child’s information is no longer accessible through the Services.
b. Registration by Adults
If you want to use certain features of the Services and activate them for your children, you will have to create an account with us (an “Account”). You can create an Account if you are (a) a parent of a child, (b) have an email account from any third-party, or (c) such other pre-existing third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). We will create your Account by extracting from your Google, Facebook, or other pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access.
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, Give grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
The Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the Services, create Services accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by Give, or previously been banned from playing any Give game.
You may be required or given the choice to create a user account and/or choose a username for your use in the Services. Give reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
By default the Services support only one user account per app on a supported device. Additionally, the Services may not support using a single account across multiple devices.
a. License Limitations
Your use of the Services is strictly tied to your compliance with these Terms. Any use of the Services in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards Give or liability for violations of law.
You agree that you will not, under any circumstances:
- use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent Give’s affiliation with any person, entity or the Services);
- disguise, anonymize or hide your IP address or the source of any material or content that you upload into the Services;
- interfere with or disrupt the Services, servers or networks that provide the Services;
- attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Give;
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
- post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Give’s employees, including Give’s customer service representatives;
- solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services;
- ‘harvest’, ‘scrape’, collect or post any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games;
- institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- disobey any requirements or regulations of any network connected to the Services;
- circumvent technological measures designed to control access to, or elements of, the Services; or
- do anything else that Give deems not to be within the spirit of fair play or intent of the Services.
You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account.
Give reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the Services, or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Give reserves the right to take action as a result, which may include terminating your access to the Services in whole or in part.
3. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, GIVE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Give SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND GIVE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, GIVE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO
SERVICES’ APPS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF GIVE BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER POLICIES. ADDITIONALLY, GIVE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO GIVE BELIEVERS MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
GIVE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS AFTER CONTACTING THE LEGAL REPRESENTATIVE.
Give reserves the right to stop offering and/or supporting the Services or a particular app or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Give shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting our customer support at [email protected] or by using the in-game “contact support” function available in some apps.
4. Third-Party Services and Material
The Services may contain links to websites or services operated by third parties or feature content which is made available by third-party services and enable you to access and use certain third-party services (such as video sharing services). Use of any websites or services operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Give assumes no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions applicable to the distribution platform (such as an application store including e.g. Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.
a. Intellectual Property Rights
All rights, title and interest in and to the Services (including without limitation any apps, games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using Give’s apps and Give’s game clients and server software) (“Give Property”) are owned by or licensed to Give, or use open source code, which may be subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Give reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its apps and the Service. Except as expressly provided in the Terms, Give does not grant any express or implied rights to the Give Property.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GIVE.
c. Virtual Items
Give owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in an app, game or purchased, or any other attributes associated with an account or stored on the Services.
6. User Content
Give assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Give does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.
By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Give reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Give chooses, in its sole discretion, to monitor the Services, Give nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Give has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
a. Public Discourse
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Give cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Give shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
b. Responsible for Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Give may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Give violates these Terms.
c. Your License to Give
You hereby grant to Give an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to Give the right to authorize others to exercise any of the rights granted to Give under these Terms. You further hereby grant to Give the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, including GDPR and COPPA laws, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Give does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Give has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
d. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Give reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Give to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release Give (and its officers,directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
e. Social Media and App Content
With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.
7. Fees and Purchase Terms
a. Virtual Money and Virtual Goods
The App permits the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to make donations, purchase virtual and non-virtual items or services that we expressly make available for use in the App (“ Goods”). The purchase of Virtual Money and Goods is limited to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Money or Virtual Goods.
b. Purchases of Virtual Money and Virtual Goods
Virtual Money is a category of Content, so the purchase of Virtual Money grants you only a limited, non transferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Goods in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money, Goods, or other Content; any balance of Goods or Virtual Money does not reflect any stored value. You agree that Virtual Money and Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Goods and can never be sold, transferred, or exchanged for “real” money from us or anyone else. You also agree that you will only obtain Virtual Money and/or Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Money or Goods, you may not trade or transfer the Virtual Money or Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method (e.g., our website). We may cancel any Virtual Money or Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Virtual Money and Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Goods. As set forth below, all Virtual Money, Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Goods once the transaction has been made.
d. Purchases by End Users Outside the U.S.
Virtual Money and Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Goods without any liability to you.
e. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you as stated in our Fees Schedule page. Give may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT GIVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
In case of account termination for any reason including, but not limited to, user is 18 years old or more, voluntary request for closure, etc, the remaining Virtual Items will be transferred to a Reserve Fund for Disadvantaged Children (minus the scheduled fees) unless appropriate action has been taken by the user prior to the closure of the account.
8. Updates to the Service
You understand that the Services are constantly changing and evolving. Give may require that you accept updates to the Services, such as via installing updates to app clients installed on your device. You acknowledge and agree that Give may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.
9. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
10. Beta tests
Give may offer you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.
By applying to and/or participating in beta tests you acknowledge and accept that:
- Due to the unfinished and experimental nature of the beta tested parts of the Services Give may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
- Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Give during the course of the beta tests. Give offers no refunds for any such lost content.
- Any feedback or ideas submitted by you to Give regarding the beta tested parts of the Services may be utilized by Give without any compensation to you. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of theServices you grant to Give an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.
- Your application to participate in beta tests does not entitle you to be invited to, or to participate in any beta test offered by Give.
11. Personal data and Security
Give shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Give via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Give servers is not generally available to the public. However, the use of internet services always includes security risks.
12. Disclaimer of Warranties
WITHOUT LIMITING GIVE’S LIABILITY UNDER SECTION 11 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GIVE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
13. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GIVE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GIVE IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GIVE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GIVE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GIVE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GIVE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GIVE.
You agree to indemnify, defend and hold Give (and Give’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
14. Dispute Resolution and Law
If a dispute arises between you and Give, we strongly encourage you to first contact our customer support at support[email protected] to seek a resolution. All disputes between you and Give shall be governed by the laws of the state of New Hampshire, USA, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Give must be resolved exclusively by a court located in New Hampshire, USA.
The above paragraph does not limit your statutory rights. Consumer protection legislation applicable to you may allow you to bring your claim or dispute to a different court.
If you are a resident of the European Union, you may have the right to bring your claim or dispute to an Online Dispute Resolution body. More information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
15. General Provisions
16. Supplemental Policies
Give may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
17. Entire Agreement
18. No Waiver
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Give shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Give.
20. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Give are of a unique and irreplaceable nature, the loss of which shall irreparably harm Give and which cannot be replaced by monetary damages alone so that Give shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 11 (if any).
21. Force Majeure
Give shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Give, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Give’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.