4BELLS End User License Agreement
This End User License Agreement (“Agreement”) is a binding agreement between you and Caravan Studios, a division of TechSoup Global (“Caravan Studios”). This Agreement governs your use of the 4Bells web-based and/or mobile application (including all related documentation, “4Bells”).
BY DOWNLOADING 4BELLS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD 4BELLS
1. LICENSE GRANT. Subject to the terms of this Agreement, Caravan Studios grants you a limited, non-exclusive and nontransferable license to download, install, and use 4Bells for your personal, non-commercial use on a single computer or mobile device owned or otherwise controlled by you (“Device”)..
2. LICENSE RESTRICTIONS. You shall not remove, disable, circumvent, or otherwise create or implement any workaround to any security features in 4Bells.
3. RESERVATION OF RIGHTS.
3.1. You acknowledge and agree that 4Bells is provided under license and not sold to you. You do not acquire any ownership interest in 4Bells under this Agreement, or any other rights other than to use 4Bells in accordance with the license granted, and subject to all terms and conditions in this Agreement. Caravan Studios and its licensors and service providers reserve and retain their entire right, title, and interest in 4Bells, including all copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in this Agreement.
3.2. 4Bells is currently made available to you free of charge for your philanthropic, noncommercial use. Caravan Studios reserves the right to charge an administrative fee as reimbursement for the expenses it incurs in its management of 4Bells, and will notify you of any changes in fees charged through 4Bells. Caravan Studios reserves the right to amend any of these terms or withdraw 4Bells in its entirety at any time and for any reason.
4. COLLECTION AND USE OF YOUR INFORMATION.
4.2. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
5. USER CONTENT
5.2. The following content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that it emanates from or is endorsed by Caravan Studios
or TechSoup Global or any other person or entity, if this is not the case.
6. GEOGRAPHIC RESTRICTIONS
6.1. 4Bells’ services are currently based in the United States and provided for use by persons located in the United States. You acknowledge that you may not be able to access or use 4Bells outside of the United States, and that access to 4Bells may not be legal by certain persons or in certain countries. If you access 4Bells outside the United States, you are responsible for compliance with local laws and regulations.
6.2. You acknowledge that the terms of agreement with your respective internet and/or mobile network provider ("Mobile Provider") will continue to apply when using 4Bells. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing 4Bells or any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.3. If you are not the bill payer for the Mobile Device being used to access 4Bells, you will be presumed to have received permission from the bill payer for using 4Bells.
7.1. We will use reasonable efforts to make 4Bells available at all times. However, you acknowledge that 4Bells is provided over the Internet and mobile networks, and so the quality and availability of 4Bells may be affected by factors outside Caravan Studios’ reasonable control.
7.2. Caravan Studios and its subcontractors do not accept any responsibility whatsoever for the unavailability of 4Bells, or any difficulty, delay or inability to download or access content, or any other communication system failure that may result in 4Bells being unavailable.
7.3. Caravan Studios will not be responsible for any support or maintenance for 4Bells.
8.1. Caravan Studios may from time to time in its sole discretion develop and provide 4Bells updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Caravan Studios has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
8.2. You shall promptly download and install all Updates and acknowledge and agree that 4Bells or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be deemed part of 4Bells and be subject to all terms and conditions of this Agreement.
9. TERM AND TERMINATION
9.1. The term of this Agreement commences when you download 4Bells and will continue in effect until terminated by you or Caravan Studios as set forth in this Section 9.
9.2. You may terminate this Agreement by deleting 4Bells and all copies thereof from your computer and/or Mobile Device.
9.3. Caravan Studios may terminate this Agreement at any time by giving notice of termination to you, which Caravan Studios may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
9.4. Upon termination, (a) the rights granted to you under this Agreement shall terminate; (b) you must cease all use of 4Bells and delete all copies of 4Bells from your computer and/or Mobile Device. Termination will not limit any of Caravan Studios’ rights or remedies at law or in equity.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARAVAN STUDIOS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF YOUR USE OR ACCESS TO 4BELLS, INCLUDING LOSS OF PROFIT OR THE LIKE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CARAVAN STUDIOS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE.
11. DISCLAIMER OF WARRANTIES. 4BELLS IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARAVAN STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO 4BELLS.
12. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Caravan Studios and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of 4Bells or your breach of this Agreement, including any third-party claims related to matching volunteers or a volunteers performance or non-performance. Furthermore, you agree that Caravan Studios assumes no responsibility for the User Content you submit or make available through 4Bells and has no control or discretion over volunteer selection, placement, performance or satisfaction.
13. SEVERABILITY. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or 4Bells shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of San Francisco and the county of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
17. APPLE REQUIREMENTS. If you downloaded 4Bells from the Mac App Store, the following terms also apply to you:
17. 1. Acknowledgement. You acknowledge that this Agreement is between you and Caravan Studios only, and not with Apple, and Caravan Studios, not Apple, is solely responsible for 4Bells and the content thereof.
17.2. Scope of License. The license granted to you for 4Bells is a limited, non-transferable license to use 4Bells on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
17.3. Maintenance and Support. Caravan Studios and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to 4Bells. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to 4Bells.
17.4. Warranty. Caravan Studios is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of 4Bells to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for 4Bells to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to 4Bells, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Caravan Studios’ sole responsibility.
17.5. Product Claims. Caravan Studios, not Apple, is responsible for addressing any user or third party claims relating to 4Bells or the user’s possession and/or use of 4Bells, including, but not limited to: (i) product liability claims; (ii) any claim that 4Bells fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
17.6. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that 4Bells or your possession and use of 4Bells infringes that third party’s intellectual property rights, Caravan Studios, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
17.7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.8. Third Party Terms of Agreement. You must comply with any applicable third party terms of agreement when using 4Bells.
17.9. Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.