Terms & Conditions (CMS)
Content Management System Terms
Your Content, Your Responsibility- Your authorized personnel shall be the only persons permitted to use the CMS. You shall be solely and exclusively responsible for populating and updating the content of the Campaign Webpages. Notwithstanding the foregoing, you shall not materially modify, amend, revise or otherwise change the rules of the Campaign after they are first posted (which rules you shall have previously provide to us) in any way that would result in the Campaign or the Campaign Terms of Service being in conflict with the master terms of service of our website (unless previously agreed to by us in a writing signed by us); nor shall you make any such change in any way that would result in the Campaign Terms of Service being materially inaccurate without first giving us reasonable advance notice to allow us to revise the Campaign Terms of Service and ensure that the are in compliance with the master terms of service of our website. You represent to us that you will use the CMS, the Campaign Webpages and the main Givkwik website and conduct the Campaign in compliance with applicable laws, as well as with all terms of service pertaining to inappropriate, unlawful or offensive content and governing disabling devices, malware and other disruptive or harmful technology, all as more fully described in the Campaign Terms of Service for the Campaign Webpages and the master terms of service for our website. Your use of the CMS and promotion of the Campaign constitutes your representation and warranty that you have and shall have all necessary organizational and other authority to do so.
You Agree to the Terms of Service + Fund Circular- You have read and agree to these CMS Terms, the Campaign Terms of Service, the master terms of service for our website, and the Fund Circular. Without limiting the generality of the foregoing or any other terms of service, you understand that any funds donated into the Givkwik Fund shall be the sole and exclusive property of Impact Assets, Inc. (unless and until distributed by it in accordance with the Fund Circular (as defined in the Campaign Terms of Service) and shall otherwise be subject to the discretion and oversight of Impact Assets, Inc. as more fully described in the Fund Circular. You understand that we shall not be obligated to you for any reason or under any circumstances. You acknowledge and agree that our obligations (if any) to provide technology and related services or otherwise shall be as a third-party technology vendor pursuant to our contractual arrangement with Impact Assets. You hereby irrevocably disclaim any and all rights, claims or benefits as a third-party beneficiary in respect of any agreement between us and Impact Assets and/or any other third party.
We Make No Warranty; You Infer No Warranty- We are making the CMS available as a courtesy to you. The CMS, the Campaign Webpages, the Givkwik website, any and all materials, information, products and services that are or may be included in connection herewith or therewith, are provided on an "as is" and "as available" basis without warranties of any kind for any reason. Givkwik expressly does not make any, and disclaims all, warranties of any kind, whether express, implied and/or inferred, and whether statutory, judicially ordered or otherwise, relating in any way hereto or thereto, including (but not limited to) warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, course of performance and/or any other warranty of any kind or nature. No advice or information, whether oral or written, express or implied, obtained or inferred by you from Givkwik or any affiliated entity or individual of Givkwik, will create any warranty that is not expressly stated herein. Any warranty that may be included or construed to be included herein that is later modified or terminated by virtue of a change hereto shall in all cases be retroactive unless expressly prohibited by law.
You Own Your Content; We Own Ours- Without limiting the provisions of the Campaign Terms of Service or the master terms of service for our website relating to our ownership of our website, related content and our other property, the CMS and the Campaign Webpages are and shall be our sole and exclusive property; provided, however, that content provided by you in your use of the CMS shall be (as between you and us) your sole an exclusive property (unless we permitted any of our property to be used by you, in which case it would remain our property).
You Will Indemnify Us if You Cause Us a Loss- Without limiting any other right or remedy available to us or our Affiliates, Promoter (for itself and on behalf of its affiliated entities and their respective officers, directors, employees, contractors, agents, attorneys and any other representatives or personnel) shall indemnify, defend and hold harmless Givkwik and our Affiliates from and against any and all losses, costs, damages, court orders, liabilities and other obligations of any kind (including but not limited to attorneys fees incurred by any of them) as the result of any breach by Promoter of any representation or warranty made in these CMS Terms or any other terms of service or as the result of any other wrongful act or omission by it in connection with the use of the CMS or the promotion or conduct of the Campaign.