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Lovewaves  Terms of Use

Updated as of December 9, 2016

Welcome to Lovewav.es (the “Website”), operated by Lovewaves, Inc. (“we,” “us,” or “our”). BY REGISTERING FOR, VISITING OR USING ANY PART OF THE WEBSITE, THE Lovewaves™ APPLICATION DESIGNED TO BE USED ON YOUR COMPUTER AND/OR MOBILE DEVICE (THE “LICENSED APPLICATION”), OR ANY OF OUR Lovewaves SERVICES, FEATURES, CONTENT OR OTHER APPLICATIONS (COLLECTIVELY, THE “SERVICES”) IN ANY MANNER YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THESE TERMS OF USE (THESE “TERMS OF USE”) AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED BY US FROM TIME TO TIME ON THE SERVICES, EACH OF WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.

We reserve the right to modify or replace these Terms of Use and/or to change, suspend or discontinue the Services at any time in our sole discretion. We may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. We may provide notice of changes to these Terms of Use or other matters by posting updated text on this Website or through the Services or other appropriate means of electronic communication, and your continued use of the Services following the posting of any change or modification to these Terms of Use will constitute your acceptance of the modified Terms of Use, and your use will be subject to the Terms of Use in effect at the time of your use. It is your responsibility to review these Terms of Use periodically for changes.

The Services let people promote a business together by sharing its message into their social networks so that a donation is paid by the business if a predefined number of friends is reached in a predefined timeframe. This is a Service where certain users, mainly businesses and non-for-profit organisations, can create a single message and invite others to support that specific message (“make”, „share“ or “support” that „Lovewave“). The way you share a message is to grant the Service access to your Facebook®, Twitter®, LinkedIn® or Tumblr® account to post that message on your behalf as a status update in your timeline or as a Tweet, as applicable. We do this through a standard API request through such service which grant us the right to receive the number of friends of the person sharing. If a given message has in time reached the needed number of people defined in the beginning of the campaign by the creator of the message, the creator pays a predefined sum to the charity he selected before. When you make a Lovewave, your username and profile picture from the third party service you joined through or you support it with will appear on this Website (or otherwise through the Services) indicating that you are a supporter of that message.

LIMITED LICENSE

We grant you a limited non-exclusive, non-sublicensable, and non-transferable license to access and make personal use of the Services (i.e. to create, join or support a Lovewave), subject to and conditioned upon your compliance with all of the terms and conditions of these Terms of Use. This license does not include: any right to use, modify, distribute or store any content other than for the foregoing purposes; any right to resell or use the Services or the contents of any part of the Services for commercial purposes; any derivative use of the Services and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering, automatic processing and extraction services. The Services and/or any portion thereof may not be reproduced, duplicated, copied, sold, resold, licensed, rented, visited, or otherwise exploited for any commercial purpose without our express written consent in advance.

The Licensed Application is intended to use on your computer or mobile device. You understand and agree that the Licensed Application and other Services are licensed, not sold, to you for use only as outlined in these Terms of Use. We reserve all rights not expressly granted to you. The license to the Licensed Application set forth above is further limited to a non-transferable license to use the Licensed Application on the computer or mobile device that you own or control. This license does not allow you to use the Licensed Application on a computer or mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application or Services. You may not directly or indirectly copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, Services, any updates, or any part thereof. You acknowledge that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application or Services.

The license is effective until terminated by you or us. Your rights under these Terms of Use will terminate automatically without notice from us if you fail to comply with any provision of these Terms of Use and as otherwise set forth in these Terms of Use. Upon termination of these Terms of Use, you shall cease all use of the Licensed Application and other Services, and destroy all copies, full or partial, of the Licensed Application and any other Services or Content in your possession.

You agree that the Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the Services as described in these Terms of Use.

We reserve the right at any time, and from time to time, to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Services (or any part thereof, including, but not limited to, each Lovewave) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any Lovewave or other Services.

You may view the Services and Content (as defined in the following section) on the Services without registering, but as a condition of using certain features of the Services, you may be required to link your Third Party Account (as defined below). You agree to provide, maintain, and update true, accurate, current, and complete information about yourself on the Services. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You represent and warrant that you are at least thirteen (13) years of age; if you are under thirteen (13), you may not under any circumstances for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time.

You are entirely responsible for all activity made by you or anyone that uses your account. If you believe that your account has been compromised, you must immediately contact us via email or postal mail at the address specified at the end of these Terms of Use. You agree to indemnify and hold us harmless for losses incurred by us or another party due to someone else using your account.

REGISTRATION – THIRD PARTY SERVICES AND LINKS

Currently, the Services are only available for use in connection with the Facebook® service offered by Facebook Inc., the Tumblr® service offered by Tumblr, Inc., or the Twitter® service offered by Twitter, Inc. Or the LinkedIn® service offered by LinkedIn, Inc. and requires you to have at an account for at least one of these services (“Third Party Account”). By supporting a Lovewave via Facebook, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Facebook username, Facebook profile picture, and any modifications or changes you make to the message on or through the Services and Facebook to indicate you have joined, supported or your other affiliation with that message. By supporting a Lovewave via Tumblr, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Tumblr username, Tumblr profile picture, and any modifications or changes you make to the message on and/or through the Services and Tumblr to indicate you have joined, supported or your other affiliation with that message. By supporting a Lovewave via LinkedIn, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your LinkedIn username, LinkedIn picture, and any modifications or changes you make to the message on and/or through the Services and LinkedIn to indicate you have joined, supported or your other affiliation with that message. By supporting a Lovewave via Twitter, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Twitter username, Twitter picture, and any modifications or changes you make to the message on and/or through the Services and Twitter to indicate you have joined, supported or your other affiliation with that message.

You agree that you will comply with the terms and conditions set forth by Facebook Inc., Tumblr, Inc., LinkedIn, Inc. and Twitter, Inc. for using the Facebook, Tumblr, LinkedIn and Twitter services, respectively, and you acknowledge and agree that we will have no responsibility whatsoever with respect to your use thereof. We, and our Services, the Website, and the Licensed Application, are not affiliated with Facebook, Facebook Inc., Tumblr, Tumblr, Inc., Twitter, or Twitter, Inc., LinkedIn or LinkedIn, Inc in any manner, and we will have no responsibility whatsoever for the actions, omissions or policies of Facebook Inc., Tumblr, Inc., LinkedIn Inc. or Twitter, Inc. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

CONTENT POSTED OR SUBMITTED BY YOU

Certain features of the Services may allow you to post information, text, photographs, videos, audio clips, comments, links, graphics, or other materials, or a combination of any or all of the aforementioned (collectively "Content"). All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”) is the sole responsibility of the person who originated such User Content. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts or mentions any person other than yourself, you must have permission from that person and, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to us.

You may not post or distribute Content that is illegal or that violates these Terms of Use. By submitting, distributing or posting Content to or through the Services, you grant us the irrevocable, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free right and license to use, reproduce, display, perform, distribute, adapt, and promote (and truncate, aggregate, modify and prepare derivative works thereof in connection with such purposes) this Content in any in connection with the Services and the promotion and distribution thereof, in any media format and through any media channel (including, but not limited to, third party websites and feeds), and including after termination of your account or the Services. The foregoing license includes, for example, the right for us to highlight Lovewaves campaigns in case studies on dedicated pages of the Website, the Licensed Application, or in our printed marketing materials. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Content through the Services, and to join, support, use, reproduce, distribute, modify and prepare derivative works of (as permitted through the functionality of the Services), display and perform such Content, including after your termination of your account or the Services. You acknowledge and agree that we do not have control over changes made to Lovewaves outside of the Website or the Licensed Application by users joining or supporting that Lovewave (i.e. on third party websites). For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You also represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to us and other users and to grant the licenses set forth above, (b) the Content and exercise of the licensed rights does not and will not violate or infringe any copyright, trademark, right of publicity, right of privacy, contractual rights, or any other intellectual property, proprietary or other third-party right or violate any law, rule or regulation, (c) all User Content provided by you is accurate, complete, up-to-date, and not misleading.

Once you submit or post Content to the Services, we do not need to give you any further right to inspect or approve any use of such Content or to compensate you for any such use. We own all right, title, and interest in any compilation, collective work, or other derivative work created by us using or incorporating Content posted to the Services.

You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services. All information, ideas, suggestions, and other communications you submit to us, inc

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