WPLO Donate License and Privacy Agreement

WPLO Donate License

This WPLO Donate License Agreement (the “Agreement“) is made between you and Edge Web Apps Ltd. (“Edge Web Apps”) for use of the WPLO Donate web integration (the “Service”). By paying the Subscription Fee (defined below) and using the Service, you agree to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree with any of these terms, do not use the Service.

1. Scope of the Service

  1. The Service includes exclusive use of one instance of WPLO Donate licensed by Edge Web Apps. The Service includes any modifications or customizations by Edge Web Apps of your instance of WPLO Donate.
  2. Edge Web Apps reserves the right, in its sole discretion, to make any changes to the Service, including: adding or removing any features of the Service; and editing or deleting any Media (defined below), information or any other content provided by the Service. Edge Web Apps assumes no obligation to update the Service or the Media, and the Service and the Media may be changed without notice to you.

2. Subscription to the Service and Fees

(1) You agree to pay Edge Web Apps a subscription fee (the “Subscription Fee”) for use of the Service for one year from the Effective Date. The first Subscription Fee is due on the Effective Date. This Agreement will immediately terminate upon your failure to pay a Subscription Fee by the due date.

(2) You can cancel the Service by providing notice to Edge Web Apps at billing@edgewebapps.com.

  1. Subscription Fees are non-refundable.

3. Ownership and Copyright of Service

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, software code, text, files, audio recordings, video recordings, product names, company names, trademarks, logos and tradenames contained on or provided through the Service (collectively the “Media“), including the manner in which the Media is presented or appears and all information relating thereto, are the property of their respective owners as indicated, or Edge Web Apps, as the case may be. Any Media that is not expressly displayed on or through the Service is intended to remain confidential and is proprietary to Edge Web Apps. The copying, reverse engineering, redistribution, use or publication by you of any part of the Media or any part of the Service, except as contemplated by this Agreement, is strictly prohibited. You do not acquire ownership rights to any Media or information obtained through the Service. The provision of any Media on the Service by Edge Web Apps or any other person or entity does not constitute a waiver of any right in such Media.

4. Use Licence

(1) Edge Web Apps hereby grants to you a non-exclusive licence (the “Licence”) to access and use the Service, including to access, download, and display the Media. This is not a transfer of title.

(2) Under the Licence you may not and shall not, without the express written authorization of Edge Web Apps:

  1. (a) transfer the Licence;
  2. (b) remove any copyright or other proprietary notations from the Media;
  3. (c) distribute the Media for any purpose, including, without limitation, compile an internal database of, redistribute, or reproduce the Media in any form;
  4. (d) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicence, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Media or any software hosted by the Service in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
  5. (e) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Edge Web Apps or its licensors; or
  6. (f) allow any third party to access the Media or Service.

(3) Edge Web Apps is not obligated to provide any authorization referred to in paragraph 4(2), Edge Web Apps reserves the right to charge a fee for the grant of such authorization, and Edge Web Apps may cancel such authorization at its sole and unfettered discretion by providing notice to you of such cancellation.

(4) The restrictions set out in this Agreement, including the restrictions listed at paragraph 4(2), shall not apply to the limited extent that the restrictions are prohibited by applicable law.

(5) You will not access the Media other than through the Service, or by any other means Edge Web Apps has authorized.

(6) You will not download, cache, or otherwise reproduce any Media, other than by accessing the Media through the Service, or by any other mean Edge Web Apps has authorized.

5. Collected Information and Use of the Service

(1) To provide and operate the Service, we collect and store Your Information in accordance with our Privacy Policy below this license.

(2) You agree that all Account Information that you provide is true, accurate, current and complete.

(3) You agree to not use the Service for any purpose which is illegal, misleading, or inappropriate in nature, all as determined by us in our sole discretion. While we will not be able to monitor all usage of the Service, we reserve the right, in our sole discretion, to remove, edit, or otherwise modify any content, including any of Your Information, which does not adhere to these terms and conditions.

(4) We are not responsible for any use of the Service by other users, including any content provided by other users of this Service. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications provided or available via the Service.

(5) We respect intellectual property laws and require that you do the same. Do not post or submit any third party materials unless you have first obtained consent from the owner of such materials. Edge Web Apps reserves the right to remove any content which it has reasonable grounds to suspect infringe any rights, including any intellectual property rights, of any other party.

  1. You hereby grant to Edge Web Apps the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable licence to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or content you provide on or through the Service or which is sent to Edge Web Apps by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for the purpose of providing the Service. Edge Web Apps shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by Edge Web Apps in writing or required by law. You represent and warrant that you have the right to grant the licence set out in this provision.

6. Refusal of Service

Edge Web Apps reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to or use of the Service, to any person or entity, for any reason.

7. Links to Other Web Services

The Service may contain links to other websites and services. Edge Web Apps is not responsible for the contents, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Edge Web Apps. Inclusion of any linked website does not imply approval or endorsement of the linked website by Edge Web Apps. If you decide to leave the Service and access these third party sites, you do so at your own risk.

8. Indemnification

You agree to indemnify, defend and hold Edge Web Apps and its partners, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Service.

9. Disclaimer and Limitation of Liability

(1) THE INFORMATION, FORMS, AGREEMENTS, LICENCES, MEDIA, CONTENT, DIGITAL DOWNLOADS AND SERVICES (THE “ITEMS”) PROVIDED FROM OR THROUGH THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE ITEMS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EDGE WEB APPS AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE ITEMS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EDGE WEB APPS AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EDGE WEB APPS. THE SERVICE AND THE ITEMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(2) The Media accessible within the Service or available through the Service may not be appropriate under the circumstances for any particular case. No representations, warranties or guarantees whatsoever are made as to the accuracy, timeliness, completeness, adequacy, reliability, suitability or applicability of any of the Media to a particular situation.

(3) All responsibility or liability for any damages caused by the Media, including, without limitation, damages caused by computer viruses or other malicious code contained within the Media is disclaimed.

10. Ability to Accept this Agreement

You affirm that you are 18 or more years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Service is not intended for individuals under 18. If you are under 18 years of age, then please do not use the Service.

11. Termination

(1) This Agreement is effective until terminated by Edge Web Apps, with or without cause, in the sole and unfettered discretion of Edge Web Apps. Edge Web Apps may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Edge Web Apps shall be in addition to and without prejudice to such rights and remedies as may be available to Edge Web Apps, including injunctive and other equitable remedies.

(2) The disclaimers, limitations on liability, ownership, termination, interpretation, your licence(s) to Edge Web Apps, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

(3) This Agreement will automatically terminate if you violate or assist in the violation of any of the restrictions of paragraphs 2(1), 3, 4(2), 4(5), 4(6), 5(2), 5(3) and 5(5).

(4) You may terminate this Agreement at any time by ceasing to access or use the Service. All Subscription Fees paid are non-refundable in the event of any termination of this Agreement.

(5) On the termination of this Agreement, your access to the Service will be terminated and you will no longer have access to any information or materials stored via the Service. You must also destroy any Media in your possession whether in electronic or printed format.

12. Miscellaneous

(1) This Agreement shall be treated as though it were executed and performed in the province of British Columbia, Canada, and shall be governed by and construed in accordance with the laws of the province of British Columbia (without regard to conflict of law principles).

(2) Any of your causes of action with respect to the Service (and/or the information or Media thereon) must be instituted within six (6) months after the cause of action arose or be forever waived and barred.

(3) The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

(4) All legal proceedings arising out of or in connection with this Agreement shall be brought solely and exclusively in Vancouver, British Columbia in the Courts of British Columbia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.

(5) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

(6) Failure of Edge Web Apps to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

(7) You agree to review this Agreement prior to reviewing any information or obtaining any documents or goods on or through the Service. This Agreement may be amended by Edge Web Apps from time to time without specific advance notice to you. The latest Agreement will be posted on the Service, and you should review the Agreement prior to using the Service.

(8) This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, constitute the entire and only agreements between you and Edge Web Apps and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the Media, services provided by or through the Service, and the subject-matter of this Agreement, except to the extent that you have or will enter additional end-user licencing agreements with Edge Web Apps regarding particular services provided by or through the Service.

(9) To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

WPLO Donate Privacy Policy

Edge Web Apps Ltd. only stores limited personal information when using WPLO Donate, including your WordPress server ip adddress and server information, for purposes of verifying license information only. No other personal information is collected or stored.