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Terms & Conditions

By downloading or using the application, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the application. You’re not allowed to copy, or modify the application, any part of the application, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the application, and you also shouldn’t try to translate the application into other languages, or make derivative versions. The application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to ExistGive, LLC.

ExistGive, LLC is committed to ensuring that the application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the application or to charge for its services, at any time and for any reason. We will never charge you for the application or its services without making it very clear to you exactly what you’re paying for.

The ExistGive application stores and processes personal data that you have provided to us to provide our Service. It’s your responsibility to keep your phone and access to the application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the ExistGive application won’t work properly or at all. 

You should be aware that there are certain things that ExistGive, LLC will not take responsibility for. Certain functions of the application will require the application to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but ExistGive, LLC cannot take responsibility for the application not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the application outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the application, or other third-party charges. In using the application, you’re accepting responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the application, please be aware that we assume that you have received permission from the bill payer for using the application.

Along the same lines, ExistGive, LLC cannot always take responsibility for the way you use the application i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, ExistGive, LLC cannot accept responsibility.

With respect to ExistGive, LLC’s responsibility for your use of the application, when you’re using the application, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. ExistGive, LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the application.

Reserved Rights

To protect the health and integrity of our system and to ensure that all users enjoy a safe and secure environment, we reserve the following rights:

  • We can make changes to the application and services without notice or liability. At some point, we may wish to update the application. The application is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the application to) may change, and you’ll need to download the updates if you want to keep using the application. ExistGive, LLC does not promise that it will always update the application so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the application, and (if needed) delete it from your device.
  • We have the right to decide who’s eligible to use our services. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines and rules for starting projects—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use the application in that jurisdiction.
  • We have the right to cancel any pledge to any project, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

We are not liable for any damages due to of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

Payment Processing

ExistGive.com uses Stripe to process payments for ticket sales. In the case of crowdfunded events, advance ticket purchases are “reservations” in the system until the organizer’s goal for holding the event is met. If at the time the crowdfunding goal is met, your collected payment information is used to complete the ticket purchase transaction. In the event this process does not complete due to insufficient funds or available credit, you will be notified and given an opportunity to update your payment information before your reservation(s) is/are cancelled. Please see Stripe.com for additional details on their Privacy Policy and Terms of Service.

Indemnification

If you do something that gets us sued, or break any of the promises made in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the app. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree to cooperate and help us in asserting any defenses.

Limitation of Liability

To the fullest extent permitted by law, in no event will our company, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Changes to These Terms & Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.