Effective Date: January 1st, 2017
- The Service: The Kweeve service allows end-users to make donations to causes listed by charities and/or organisations signed up to the platform. In order to make donations using the Service, you must be a registered user and you can use the Service via regular SMS; carrier charges may apply.
- Content: All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted through the platform by viewers or users, is the sole responsibility of such viewers or users. This means that the viewer or user, and not Kweeve, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Kweeve does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Kweeve be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred because of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service: Kweeve reserves the right always (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request
- detect, prevent, or otherwise address fraud, security or technical issues
- respond to user support requests
protect the rights, property or safety of our users and the public. In using the platform and/or Service, You shall not
- copy any content unless expressly permitted to do so herein
upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable
- You do not have a right to make available under any law or under a contractual relationship
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights)
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way
- impersonate any person or entity or misrepresent their affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the platform or impersonate another person or organization
- interfere with or disrupt the platform or servers or networks connected to the platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation
- collect or store personal data about other users or viewers
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the platform
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the platform, except to the extent the foregoing restrictions are expressly prohibited by applicable law. You also agree not to access the platform in a manner that utilizes the resources of the platform more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this platform.
If You provide Kweeve with any suggestions, comments or other feedback relating to any aspect of the platform and/or Service, Kweeve may use such Feedback in the platform, Service and/or in any other Kweeve products or services (collectively, “Kweeve Offerings”). Accordingly, you agree that:
- Kweeve is not subject to any confidentiality obligations in respect to the Feedback
- the Feedback is not confidential or proprietary information of You or any third party and You have all the necessary rights to disclose the Feedback to Kweeve
- Kweeve (including all its successors and assigns and any successors and assigns of any of the Kweeve Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Kweeve Offerings
- You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
- Links & Third-Party Websites: The platform (including User Content) may contain links to other websites that are not owned or controlled by Kweeve. In no event, shall any reference to any third party, third party product or service be construed as an approval or endorsement by Kweeve of that third party, third party product or service. Kweeve is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Kweeve endorses or accepts any responsibility for the content or use of such websites, and You hereby release Kweeve from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS: THE PLATFORM, THE SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” KWEEVE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KWEEVE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE PLATFORM, AND KWEEVE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER WITH ANY SUCH THIRD PARTY. KWEEVE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL KWEEVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM
- YOUR USE OF OR YOUR INABILITY TO USE THE PLATFORM OR THE SERVICE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES
- ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE PLATFORM
- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE PLATFORM
ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE PLATFORM OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM. THESE LIMITATIONS SHALL APPLY EVEN IF KWEEVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KWEEVE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:
- FIFTY U.S. DOLLARS ($50)
- AMOUNTS YOU’VE PAID KWEEVE IN THE PRIOR 12 MONTHS (IF ANY).
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Termination: Kweeve may, under certain circumstances and without prior notice, immediately terminate Your ability to access the platform or portions thereof. Cause for such termination shall include, but not be limited to
- requests by law enforcement or other government agencies
- a request by You
- discontinuance or material modification to the platform (or any part thereof)
- unexpected technical, security or legal issues or problems
- participation by You, directly or indirectly, in fraudulent or illegal activities.
- Availability & Updates: Kweeve may alter, suspend, or discontinue the platform and/or Service at any time and for any reason or no reason, without notice. The platform and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Kweeve may periodically add or update the information and materials on this platform without notice.
- Security: Information sent or received over the Internet is generally unsecure and Kweeve cannot and does not make any representation or warranty concerning security of any communication to or from the platform or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Kweeve will not be liable for any loss or damage arising from your failure to comply with these requirements.