Terms and Conditions of Use

Last Updated: August 04, 2014

The Hopela Services provide a platform to enable individuals to make mobile payments for charitable giving directly to the participating charities of their choice and to manage and track those donations via their user account. The policies below are applicable to the “Hopela” application, the affiliated network of websites, including www.hopela.com and its affiliated websites (including any versions optimized for viewing on a wireless or tablet device); all apps published by Hopela; and all other interactive features, services, and communications provided by Hopela (collectively "Hopela" or "we", "us", or "our").
BY USING OR SUBMITTING CONTENT TO OUR APPS AND SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY.

This is a legal agreement between you and Hopela that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of Hopela’s rules and policies collectively constitute this "Agreement" between you and Hopela. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SERVICES.

1. Apple Disclaimer

The following paragraph applies to any version of the Services that you acquire from the Apple App Store. This Agreement is entered into between You and Hopela. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. Hopela, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement.

2. License to Services

Hopela grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Services and their content on the corresponding platforms and not to modify all or any portion of the Services and their content. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any images or third-party content on the Services; any derivative use of the Services or their contents; any unauthorized commercial exploitation of the Services.

3. Copyright and Ownership

All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Hopela, its licensors, vendors, agents, and/or its Content providers. You are authorized to view, play, print, and download copyrighted documents, audio, and video found on our Services solely for personal, informational, and noncommercial purposes only.

4. Trademarks/No Endorsement

All trademarks, service marks, and trade names of Hopela used herein (including but not limited to: Hopela name, Hopela corporate logo, and the Services name) are trademarks or registered trademarks of Hopela or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Hopela trademarks in any way without Hopela's prior written consent.

5. Account Registration and Security

You may need to create an account to have access to all of the parts of the Services. You will: (a) provide true, accurate, current, and complete information about yourself; and (b) maintain and promptly update the Registration Data. If you provide any information that is untrue, inaccurate, not current, or incomplete, Hopela has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

6. User Submissions and Comments

You retain all your rights to any Content that you create, submit, or share using the Services (“User Submissions”). By posting User Submissions on our Site, you grant Hopela a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, and distribute the Content in your User Submission.

7. Inappropriate User Submissions

Hopela does not encourage User Submissions that result from activities that create a risk of harm, loss, injury, emotional distress, or death.

8. Inappropriate Material

You are prohibited from using the Services to post or send any unlawful, threatening, defamatory, obscene, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense.

9. User Published Content

User Submissions and User published Content do not represent the views of Hopela, and we do not control this Content.

10. Advertising Rights

Hopela reserves the right to sell, license and/or display any advertising in connection with the Services and retain any revenue generated from it.

11. Linking to the Services

Creating or maintaining any link from another website to the Services without our prior written permission is prohibited.

12. Third Party Links

From time to time, the Services may contain links to web sites that are not owned or controlled by Hopela. We are not responsible for any content or materials found on those websites.

13. Transactional Partners

In some cases, we partner with another company to co-promote their services within our Services.

14. Fees

For all charges associated with your donation, Hopela or its vendors will bill the payment method you selected. By submitting a donation amount to an organization of your choice, you agree that you are making a donation in good faith.

15. Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.

16. Right to Takedown Content

We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice.

17. General Representations and Warranties

You represent that you are over the age of 18 and have the authority to enter into this Agreement.

18. Disclaimers

Your use of the Site is at your own risk. The Services are provided "as is" without any warranties of any kind.

19. Limitations of Liability

Hopela does not assume any responsibility for damages or viruses that may infect your property caused by accessing or using the Services.

20. Indemnity

You agree to defend, indemnify, and hold Hopela harmless from any liabilities, costs, and expenses related to your use of the Services.

21. Release

In the event of a dispute with other users of the Services, you release Hopela from claims arising out of or in any way connected with such disputes.

22. Termination

You or we may suspend or terminate your account or your use of the Services at any time.

23. Force Majeure

Neither Hopela nor you shall be responsible for damages resulting from acts beyond their control.

24. Privacy

Data collection and use is governed by Hopela’s Privacy Policy, which is incorporated into this Agreement.

25. Independent Contractor

You and Hopela are independent contractors and no agency relationship is intended or created by this Agreement.

26. General

Any claim relating to the Services is governed by the laws of the state of Washington.

27. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA.

28. Entire Agreement

These terms and conditions are the entire agreement between you and Hopela.

29. Additional Assistance

If you have any questions or comments, you may contact us by email at support@hopela.com.