This Agreement may be modified by Zariya in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Zariya on the Website (as indicated by the posted update date). Your use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Zariya account, if any, as outlined in Section 9 below, and please immediately stop accessing and using the Website.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Zariya has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
1. Participation in the Program
Zariya manages the Website, which promotes in particular the charity film tentatively entitled MOTHER TERESA (the "Movie") and seeks to collect financial support and donations (the "Program") for the production and distribution of the Movie.
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree to the following:
Zariya manages the Website, which collects donations from you and other persons (each, a "Donor" and, collectively, "Donors") for the financing of the development, production, and distribution of the Movie. By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) the development and production of a motion picture is a "high risk" entrepreneurial endeavour; (b) the production of the Movie might to be started for a lack of funding; (c) Zariya makes no representation, warranty, covenant or guarantee that any funds you donate to Zariya via the Website will be repaid in whole or in part if the Movie does not get made and (d) given your financial situation and objectives, you will donate only those amounts that you can afford to lose. Donations made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.
Should Zariya fail to raise enough capital to finance the production of the Movie within 5 years, or if the Movie is not made for any other reason, all donations shall be forwarded to charitable institutions working towards and supporting Mother Teresa's cause of support to the poorest of the poor.
You understand that Zariya is a non-profit foundation public benefit corporation. Kiva has received exemption from the Canton of Basel-Stadt, Switzerland, as an organization that qualifies as a public charity under Swiss Law. You also understand that you are solely responsible for determining whether you are eligible for a tax deduction for any donation which you make through this website. Zariya has not and will not provide any tax or legal advice to you in connection with any Donation you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.
2. Proprietary Rights
"Zariya", the "Zariya" logo and other Zariya graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Zariya ("Zariya Marks"). Zariya Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Zariya. Zariya or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Zariya thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Zariya and its licensors. You may display and make limited copies of the Content (other than the Zariya Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Zariya.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Zariya in connection with or arising from your participation in the Program, including without limitation any feedback provided to Zariya (collectively, "User Generated Content"), you agree to grant, and hereby grant to Zariya an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Zariya from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Zariya, and Zariya is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Zariya. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
3. Acceptable Use
Although Zariya assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages) or (ii) contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Zariya reserves the right to remove content from the Website that violates acceptable use in Zariya's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Zariya deems appropriate, in Zariya's sole and absolute discretion.
Zariya reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Zariya's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Zariya, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity.
Zariya is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User or by any of the equipment or programming associated with or utilized in the Program. Zariya is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Zariya assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Zariya be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Zariya does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM.
Zariya makes no representation or warranty, express or implied, with respect to any third party data provided to Zariya or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Zariya will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Zariya or "force majeure" or any other cause beyond the control of Zariya.
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Zariya shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Zariya be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Zariya has been advised of the possibility of such damages, costs, losses or expenses.
6. Governing Law; Resolution of Disputes
This Agreement is governed by the laws of Switzerland, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Zariya, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by the ordinary courts of Zurich, Swizerland
You agree to indemnify and hold Zariya harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
8. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Zariya may make features available to Users as part of the Program. Zariya reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website or any Zariya services, may be determined by Zariya in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to Zariya, such notice to be effective within three (3) days of receipt by Zariya. Zariya may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Zariya
9. Entire Agreement; Severability
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Zariya regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at [email protected] with any questions regarding this Agreement.