Introduction. Lojjo provides a suite of applications for management and creation of fundraising games. User desires to license such software platform from Lojjo, and Lojjo desires to grant a license to such software solutions pursuant to the terms and conditions hereof.
Binding Agreement. This EULA constitutes a binding agreement between you and Bonobo PLC, Lojjo and its affiliates and subsidiaries ("Lojjo," "we," or "us"). "You" and "User" mean all visitors to the Lojjo Platform. You accept this EULA each time you access the Lojjo Platform. If you do not accept this EULA, you must not use the Lojjo Platform.
Revisions to EULA. We may revise this EULA at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to this EULA. You should visit this page periodically to review the most current EULA, because you are bound by them. Your continued use of the Lojjo Platform after a change to this EULA constitutes your binding acceptance of this EULA.
Released Parties. "Released Parties" include Lojjo, Bonobo PLC and its affiliates, officers, employees, agents, partners, and licensors.
Lojjo Platform. All websites, mobile applications and other information systems which constitute the Lojjo software suite.
No Children or Minors. No part of the Lojjo Platform is directed to persons under the age of 21. IF YOU ARE UNDER 21 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
Representative of an Organization. Because you are using the Lojjo Platform in connection with your relationship with a company, entity, or organization (collectively "Organization"), you represent and warrant that you are an employee, contractor or other individual associated with that Organization who is authorized to enter into this EULA on behalf of your Organization.
Lojjo will host and maintain the Lojjo Platform on servers operated and maintained by or at the direction of Lojjo. Lojjo may delegate the performance of certain portions of the Lojjo Platform to third parties provided Lojjo remains responsible to User for the delivery of the Lojjo Platform.
Lojjo shall provide technical support for the Lojjo Platform as is reasonable and can, at its sole discretion, charge a fee for support services and or custom work. Lojjo shall not be obligated to provide to the User any new release of Lojjo Platform or module thereof, or other software or services for which Lojjo generally charges a separate fee.
The User will ensure that all information provided to Lojjo is factual and complete where possible.
It is the Users responsibility to ensure that the Users Account is operating within local and international laws, where applicable at all times. Failure to do so will result in immediate suspension of the User and all related Accounts
The User will be responsible for obtaining and maintaining at the User's expense all the necessary computer hardware, software, printers, connections to the Internet and other items required to make complete use of the Lojjo platform.
You represent and warrant that the information you provide to Lojjo upon the licensing and or use of the Lojjo Platform and at all other times will be true, accurate, current, and complete.
Single Account. You may create only one single Account for your organization. You may not create multiple accounts for a single organization.
Account Verification. You may be required by us, as part of our ongoing commitment to the prevention of crime, money laundering and underage gaming, to verify your identity and or the identity of the organization you represent. This may include, but not limited to documents which to our satisfaction verify your ID, Age, Address, Payment methods and Gaming or Lottery Licenses.
Your Log-In Credentials. To use the Lojjo Platform, you will need to confirm your log-in credentials. You will have log-in information, including a log-in username and password, in connection with your account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Lojjo Platform and to preserve the confidentiality of your username and password, and any device that you use to access the Lojjo Platform.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Lojjo by e-mail at help@Lojjo.com. You will be solely responsible for the losses incurred by Lojjo and others due to any unauthorized use of your account.
You use the Lojjo Platform at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
The contents of the Lojjo Platform include: designs, games, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Lojjo content (collectively, "Lojjo Content"). All Lojjo Content and the compilation (meaning the collection, arrangement, and assembly) of all Lojjo Content are the property of Lojjo or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to this EULA, to (a) access and use the Website, (b) access and use Lojjo web applications, (c) download, access, and use Lojjo mobile application and (d) access and use all other Lojjo Content solely for your personal or organizations use of the Lojjo Platform, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Lojjo Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Lojjo Content on any copy you make of the Lojjo Content.
Lojjo, Lojjo, the Lojjo logo, and other Lojjo logos and product and service names are or may be trademarks of Lojjo (the "Lojjo Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Lojjo Marks.
Your Content. Any data, customer information, media, messages and content that you make available through the Lojjo Platform or otherwise to Lojjo, and any other data, materials, or content that the App or the Lojjo Platform collects from you ("Your Content"), will be owned by your Organization. Your Organization has granted to us, during the term of the contract between us and your Organization ("Agreement"), a limited, royalty-free, non-exclusive and non-transferable license to use, copy, reformat, create derivative works of, display, disclose and distribute Your Content for the purposes of providing and improving the Lojjo Platform and exercising our rights or performing our obligations under the Agreement.
We reserve the right to suspend or terminate your account and prevent access to the Lojjo Platform for any reason, at our discretion. We reserve the right to refuse to provide the Lojjo Platform to you in the future. Lojjo may (but has no obligation to) review and remove any content you submit or post to the Lojjo Platform at any time for any reason. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Lojjo Platform.
We are not liable for anything that happens to you that somehow may be connected to your use of the Lojjo Platform. If you use the Lojjo Platform in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOJJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE ON THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF LOJJO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on the Lojjo Platform, (ii) your use of or reliance on any Lojjo Content, or (iii) your breach of this EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
Digital Signature Provision. User represents and warrants that the individual electronically agreeing to the terms of this EULA; is empowered to agree to this EULA on behalf of User. User further agrees that by clicking the "AGREE" check-box constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act and that the EULA is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by, User.
Assignment. Neither Party may assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this EULA without the prior written consent of the other Party. Notwithstanding the foregoing, Lojjo may, without the consent of Users, assign this EULA to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee shall assume all rights and obligations under this EULA. Any permitted assignment of this EULA shall be binding upon and enforceable by and against the Parties' successors and assigns, provided that any unauthorized assignment shall be null and void and constitute a breach of this EULA.
Entire Agreement/EULA. This Agreement/EULA, and any exhibits and amendments thereto, constitute the entire agreement between the Parties and supersede all previous agreements, oral or written, with respect to the subject matter of this EULA. This EULA may not be amended without the prior written consent of both Parties.
Force Majeure. Except for payment obligations, if either Party is prevented from performing or is unable to perform any of its obligations under this EULA due to causes beyond the reasonable control of the Party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a "Force Majeure Event"), such Party's performance shall be excused and the time for performance shall be extended accordingly provided that the Party immediately takes all reasonably necessary steps to resume full performance.
Governing Law; Dispute Resolution. This EULA shall be governed by and interpreted in accordance with the laws of the Isle of Man without giving effect to its conflicts of law rules. Each of the Parties to this EULA consents to the exclusive jurisdiction and venue of the Isle of Man.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person (including by overnight courier) or three days after being mailed by registered or certified mail (postage prepaid, return receipt requested), and on the date the notice is sent when sent by verified facsimile, in each case to the respective Parties at the address first set forth hereto. Either Party may change its contact information by providing the other Party with notice of the change in accordance with this section.
Relationship of Parties. The Parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other Party. Neither Party shall hold itself out as an agent of the other Party. This EULA will not be construed to create or imply any partnership, agency, joint venture or formal business entity of any kind.
Severability. If any provision of this EULA is held invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of the EULA will remain in full force and effect.
Waiver. No delay or failure by either Party to exercise any right or remedy under this EULA will constitute a waiver of such right or remedy. All waivers must be in writing and signed by an authorized representative of the Party waiving its rights. A waiver by any Party of any breach or covenant shall not be construed as a waiver of any succeeding breach of any other covenant.
Headings. The headings of the articles and paragraphs contained in this EULA are inserted for convenience and are not intended to be part of or to affect the interpretation of this EULA.
Counterparts. This EULA may be executed in a number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.