TERMS OF SERVICE

1. INTRODUCTION

1.1       Welcome to Viva-Vox (Viva-Vox.org) (the Website) and its associated services are operated by Viva-Vox.org (Viva-Vox, or ‘we’, or ‘us’). These terms  (“Terms of Service“) govern your use of the Website and its associated services.

1.2       The Website is an online platform where people and organisations can campaign and raise funds for Campaigns (or ‘Projects”) and where Supporters can donate money (“Back Campaign/ Donation“) to support those Projects.

1.3       Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.

1.4       You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the Website.

1.5       If you are accessing the Website in order to create a Campaign, you agree to these Terms of Service both personally and in case it applies, on behalf of your Project/Campaign as its authorised representative. If you are not authorised to accept these Terms of Service for your Project/Campaign, you must not submit a Project/Campaign to the Website on its behalf.

1.6       These Terms of Service may change or be updated from time to time. We will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the Website and its associated services from the date we post the revised version on the Website.

2. Terms for Supporters

Donating to a Campaign: General

2.1       You make your Donation to a Campaign, not to Viva-Vox – we introduce Supporters to Campaigns and their projects. Following your Donation to a Campaign, will be given directly to the Campaign. Donations are made via Stripe Connect. All credit and debit card Donations are processed by Stripe Connect in accordance with the terms of this Agreement. Donations cannot be made by any other method. Transaction fees apply (see clauses 2.16 and 2.17 below for more information).

2.2       Donations are subject to a minimum of £1.00 per Donation. Donations will be processed in British Pounds. If your payment card or Stripe account is in a different currency, conversion fees may apply, and may be charged to you by your financial institution. Donations can be made at any time from the start of a campaign up to the Funding Deadline for time limited campaigns. For time limited campaigns, once the Funding Deadline expires, no more Donations can be made via the Website.

2.3       Viva-Vox will not pursue Supporters for uncollected Donations. It is the responsibility of a Campaign to contact any Supporters who have pledged a Donation but whose payment has failed, and to ask them to provide an alternative payment method. This however, is highly unlikely to happen while using Stripe Connect.

2.4       Donations to a campaign will be charged to your credit or debit card at the time you make your Donation. Stripe Connect Donations will be paid to Campainer’s Stripe account at or around the time of your Donation. Any amounts indicated as a Donations to Viva-Vox will be will be paid to Viva-Vox Stripe Connect account at or around the time of your Donation.

Changes to and cancellations of Donations

2.10       You may not cancel a Donation (even if a Campaign has reached or exceeded its Fundraising Target before the Fundraising Deadline) once your Payment has been collected. If you wish to increase your support for a Campaign after your Donation has been processed, you must make a further Donation. However, no Donations can be accepted for a Campaign once its Funding Deadline has passed.

2.11       Campaigns may cancel or refund a Supporter’s Donation at any time at their discretion and for any reason. They may only do this outside the Viva-Vox.org platform. If all Donations to Campaign are refunded, they are not required to continue with their Project.

2.12       If you disagree with how a Campaign has used your Donation, you should raise this with the Campaign, not with us.

Further support for Campaigns

2.13       Supporters may be invited by a Campaign to assist in promoting a Project online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the Campaign when doing so. Failure to comply may lead to suspension or, in serious cases, termination of your User account.

2.14       Viva-Vox is not able to, or intended to, offer real-life volunteering opportunities with Campaigns. Requests for volunteers on a Campaign page should be reported to Viva-Vox immediately.

2.15       Viva-Vox takes no responsibility for the acts, omissions and communications of Users in promoting or engaging with a Campaign, or not.

Contributions to Viva-Vox and transaction fees

2.16       Registering on Viva-Vox.Org is free but, when you Back Up a Campaign you will be asked to nominate an amount that is a contribution to Viva-Vox.org (“Add Donation“), in addition to your Donation to the Campaign – you are not obliged to do this, but your contribution to Viva-Vox.Org helps keep this service free for Campaigners . The total Donation shown on the payment page will include all transaction fees applicable to your Donation. Transaction fees are charged by Stripe Connect or our other payment providers; the balance of the Donations will be transferred directly to the Campaign Stripe Account and to Viva-Vox.org respectively.

2.17       You may amend the amount of your Donation, but – to cover the cost of processing your Donation – the smallest amount you can choose is an amount equal to the transaction fees applicable to your Donation. Transaction fees may vary depending on region and other factors. The minimum transaction fee payable for all transactions is £0.20 plus 2.99% of the value of the payment. Please note that the 2.99% tends to qualify in effect as 3% in actual value – these are payment fees and are outside our control.

2.18       Stripe Connect and our other payment providers process Contributions at or around the time when your Donation is processed.

2.19       Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) if your Donation is returned because a Campaign is cancelled or for any other reason.

Rewards

2.20       In some cases, a Campaign may offer Supporters an Award as a “thank you” for donating to their Project. Please see clause 3.8 below for further details. You acknowledge and accept that, in a small proportion of cases, despite careful planning by a Campaign, in certain unforeseen circumstances that Campaign may be unable to deliver these Awards. In such circumstances you acknowledge that delivery or lack of delivery of the Award is a matter between you and the Campaign, and that responsibility for delivery of the Award is solely that of the Campaign

Tax deductions and receipts

2.21       When you make a donation, you will receive a receipt from us for the amount of your donation.

2.22     Viva-Vox.Org does not include any value in taxation in the Donations or Awards. If any taxation is deductible by law, this is the sole responsibility of the Campaign owner and not of Viva-Vox.Org

2.23       In exchange for being allowed to use the Website, you agree that we will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your Campaign or donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.

3. Terms for Campaigns

Creating and Running a Campaign

3.1       All requests to set up a campaign for a Project are vetted by Viva-Vox.Org prior to launch. Campaigns must provide full details of their status and their proposed Project.

3.2       The acceptance of a Project for inclusion on the Website is at Viva-Vox’s sole discretion. Submissions for Campaings must meet certain qualifying criteria in order to be considered for listing on the Website. They must:

(a)       include the fundraising target (“Fundraising Target”) and the expiry date of the campaign (“Fundraising Deadline”) for time limited campaigns

(b)       include your full name and email address;

(c)       include a description of your campaign, what you intend to raise funds for and whether you plan on offering Awards. Please note that with Viva-Vox.Org Campaings can have both Crowdfunding Awards as well as Funding, or one of these options only.

(d)       if Campaign qualifies under clause 3.3 below and wishes to accept direct credit and debit card Donations, include details of the Stripe Account account to be used to collect Donations;

(e)       be supported by appropriate evidence of identity of the Campaign user account holder; and

(f)       comply with the fundraising laws relevant to the jurisdictions that you intend to fundraise from

3.3       When you submit a Campaign for listing on the Website, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of your Project. You also agree to appoint us as your agent, and we accept appointment as your agent, for the purpose of providing receipts to donors who donate to your Campaign.

3.4       Campaigns will receive Donations via Stripe Connect.

3.5       Once the Campaign starts, you may edit the Content of your Campaign page, provided this does not alter the substance of the Campaign (to be determined by Viva-Vox in its sole discretion).

3.6       Time-limited Campaigns are limited in duration to a minimum of 1 day and a maximum of 120 days from the date the campaign goes live on the Website. We do not accept any responsibility for any Campaign not reaching its Fundraising Target by the expiry of the Fundraising Deadline. “Campaign Never Ends’ campaigns are able to collect donations from their launch date until “Campaign Never Ends’ switched off by the Campaign, or exceptionaly at Viva-Vox’s sole discretion.

(a)       not use the Website to solicit or recruit real-life volunteers or employees for Campaigns;

(b)       promptly answer any questions or provide any information or evidence requested by Viva-Vox to ensure the quality of the Campaign, or to verify any details of the Project or any other requests that Viva-Vox may ask in order to verify the Campaign and its Project.

(c)       keep your Campaign page on the Website updated with accurate information during the campaign;

(d)       inform Viva-Vox immediately if anything compromises the integrity, potential success or existence of your Project;

(e)       complete all Projects for which Donations are collected via the Website substantially in line with the budget plan set out on your Campaign page, or refund Supporters’ Donations immediately in full;

(f)       provide a minimum of two updates on the progress of your Project and about how Donations have been used on the Website at or around 1 and 6 months after the Funding Deadline;

(g)       refrain from taking any action in reliance on receiving Donations until they have been remitted to you and you have right and the ability to withdraw or spend these Donations;

(h)       correctly calculate and remit all taxes (including GST/VAT), levies or similar, if any, which are applicable to Donations made to you;

(i)       comply with, and hold and use any information you hold about Supporters in accordance with, the terms of theViva-Vox Privacy Policy [www.viva-vox.org/privacy], the Privacy Act 1988, the Spam Act 2003 and all relevant Privacy and Spam legislation in your jurisdiction. In particular, you must not to contact Supporters for marketing or promotional purposes unless you have their consent to do so.

(j)       obtain and continue to maintain, any necessary licenses, consents, approvals or other permissions required to use the Website and create and run a Project (if any); and

(k)       comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Campaign.

Awards

3.8       You may offer to provide non-monetary incentives to Supporters as part of a Campaign (“Awards“), although you are not obliged to do so. You may offer one or more Awardss per Project and may set qualifying Donation criteria for each Award (for example, a different Donation threshold for each Award).

3.9       You agree that Viva-Vox has the right, but not the obligation, to vet all Awards which you wish to offer.

3.10       You represent and warrant in favour of Supporters and us that:

1. you will provide Awards to each Supporter who met your qualifying criteria for such Awards and who nominated that they wish to obtain a Award as at the time of making his or her Donation (and whose Donation has not subsequently been cancelled or refunded), irrespective of whether you reach your Fundraising Target;
2. you will deliver Awards promptly after receiving the Donation from the Supporter, or substantially in line with any estimated delivery date you have provided to the Supporter;

iii.       at the time of posting the Campaign on the Website and until all Awards are provided to qualifying Supporters, you have and will maintain sufficient funds on hand to provide any and all Awards offered; and

1. you will not provide to the Supporter, us or any other person any benefit in respect of a Donation other than the provision of the Award to the Supporter and the fulfilment of the Project.

3.11       Offering financial products, securities or other proprietary interests or rewards, such as ownership, financial returns (e.g. profit share), cash and cash equivalents, or Donation repayments is prohibited. Breach of this prohibition is likely to result in a contravention of UK fundraising laws.

3.12       Viva-Vox does not represent, warrant or guarantee that the offering of Awards will be legally permissible in all cases, nor that offering such Awards will not affect an organisation’s status or taxation position. It is your responsibility to determine whether you are legally permitted to provide such Awards or whether doing so would compromise your status, or affect your liability to collect or pay taxes.

Charge Backs

3.13       You acknowledge and agree that in some circumstances (such as fraud or error), Viva-Vox and its payment providers may be required to reverse a Payment made via the Website (“charge back”). If you are a Campaign, you agree to indemnify Viva-Vox for all losses, costs and expenses it incurs as a result of a charge back associated with your Campaign (including all fees charged by our payment providers associated with that charge back)(“Charge Back Amount”). You agree that Viva-Vox may set-off the Charge Back Amount against any amount owed to you by Viva-Vox, including from Donations held on your behalf in Viva-Vox’s trust account. In cases of suspected fraud, Viva-Vox may refund some or all of your donations without notice.

4. Terms for All Users

Use of the Website

4.1       You must register withViv-Vox.org and create a User account in order to donate to, or create and run, a Campaign, or to use certain other aspects of the Website. You can register by completing a registration form or one may automatically be created for you when using certain functions of the Website, typically upon payment.

4.2       You must be 18 years or older to register with Viva-Vox.org and to use the Website and its associated service.

4.3       You must provide accurate, complete, and current information when you register with Viva-Vox.Org and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, may result in immediate termination of your account.

4.4       You must give your real name on the Website. You must not use any name or term that:

1. a)       is the name of another person, with the intent to impersonate that person;
2. b)       is subject to any rights of another person, without appropriate authorization; or
3. c)       is otherwise offensive, vulgar, or obscene.

4.5       It is your responsibility to ensure the safety and security of your Viva-Vox.Org User account. You must not tell anyone the password to your User account or allow any other person to access it. You must take care not to leave your password and User account details where someone else could find them.

4.6       You are responsible for all activity that occurs under your User account. You must immediately notify Viva-Vox.Org of any unauthorised use of your account or password, or other known account-related security breach.

4.7       Only one User may create, run and edit each Campaign page. Campaigns must not allow their members, employees or other persons linked to the Project to share login details.

4.8       Viva-Vox reserves in its sole discretion the right, at any time and without notice to:

(a)       cancel, reject, or suspend a Campaign or User account;

(b)       cancel or reverse a Donation made to a Campaign; and

(c)       remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these Terms of Service, and in cases where Viva-Vox suspects fraud or error, or for any other good reason.

4.9      Viva-Vox also reserves the right to reverse a Donation made to a Campaign including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back as contemplated by clause 3.13. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.

4.10       Subject to clause 3.8, making a Donation does not entitle a Supporter to any interest in, or benefit from, the Campaign.

Your relationship with Stripe

4.11       To fundraise for a Campaign on the Website, you must have a fully functional Stripe account. To donate to a Campaign, you must have a functional Debit or Credit Card.

4.12       All Donations and Contributions are processed via Stripe Connect. Your use of Stripe’s services is subject to Stripe conditions. Viva-Vox.Org is not responsible for the performance of Stripe Connect or your use of its services. Any technical issues or other problems with making or receiving Donations via Stripe Connect should be addressed to Stripe’s customer service department. If Stripe is unable to resolve an issue with a Donation that has been made, you should contact the Campaign to whom you made your Donation for assistance, or the Supporter who made that Donation to your Campaign, as applicable.

Tax-Deductible Giving

4.13       Donations and Contributions made via Viva-Vox.Org may or may not be tax deductible for taxation purposes.

4.14       It is your sole responsibility to determine the taxation consequences, if any, of making or receiving a Donation. If you wish to make or receive tax deductible Donations via the Website, it is your responsibility to check whether the relevant Campaign qualifies as an entity that is legally allowed to issue tax deductible or Gift Aid receipts in your jurisdiction.

4.15       Viva-Vox does not represent, warrant or guarantee that:

(a)       any Donations made via the Website will be deductible for income tax purposes; or

(b)       receiving Donations made via the Website will not affect or compromise a Campaign’s status as, or eligibility to become, an entity allowed to issue tax deductible or Gift Aid receipts.

4.16       For the issuance of tax receipts, Viva-Vox acts as an agent on behalf of the Campaign. We provide all donors with a receipt. If you receive an Award, your donation may not be tax deductible. It is the responsibility of the donor to check if the receipt of any Award affects the tax deductibility of any donations.  Viva-Vox does not assume any responsibility for a failure to provide tax receipts. See clauses 2.21, 2.22 and 2.23 for further information.

Content Licence and Intellectual Property

4.17       You may submit Content to us for inclusion in a Campaign or publication as a comment on the Website. You agree that we may publish and communicate to the public any such Content. By submitting Content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:

(a)       display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Website and its associated services, or any other services or products; and

(b)       permit any other person, company or organisation to do any of the things referred to in (a) (“Licence“).

For the avoidance of doubt, the Licence will survive the termination of these Terms of Service.

4.18       You unconditionally and irrevocably agree to:

(a)       consent to any act or omission that would otherwise infringe your moral rights in the Content; and

(b)       waive all or your moral rights in the Content to the extent permitted by law.

You further agree to ensure that all other persons involved in the development of Content which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Content.

If the above consents or waivers do not operate as an immediate consent in relation to, or a waiver of, these rights, you agree to give and you procure all other relevant persons to give, a written consent and waiver at any time at Viva-Vox’s request.

4.19       You agree to do everything necessary (including, without limitation, on request, executing any document) to give Viva-Vox the full benefit of the Licence.

4.20       All intellectual property rights comprised in or relating to the Website (including the [Viva-Vox] logo and site design) and the name Viva-Vox.Org (“IP“) belong to Viva-Vox or our licensors. Your use of any IP owned by third parties may be subject to a third party’s terms and conditions of use. Nothing in these Terms of Service (or otherwise on the Website) constitutes a transfer or licence of any IP to you. You must not use any such IP without the express permission of Viva-Vox and, if applicable, the licensor of such IP. Use of third party IP without permission may be an infringement of IP rights and is a serious breach of these Terms of Service, entitling Viva-Vox to terminate your User account immediately (without affecting any other rights Viva-Vox may have).

4.21       Except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent Viva-Vox restraining you from doing so, you must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of the Website, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of the Website.

Your Conduct, Representations and warranties

4.22       You personally represent and warrant to Viva-Vox.Org that:

(a)       you are least 18 years of age

4.23       You represent and warrant to Viva-Vox, personally and on behalf of your Campaign, that:

(a)       you have the legal capacity and authority to agree to these Terms of Service and grant the Licence (including, if you are accepting these Terms of Service on behalf of a Campaign, that you are authorised to do so) ;

(b)       you have obtained the consent of all individuals whose Personal Information is included in the Content to the use and disclosure of the Personal Information to Viva-Vox.Org and otherwise in accordance with the Viva-Vox Online Privacy Policy.

4.24       You agree that you will not take any action, submit Content or offer an Award on the Website that:

(a)       infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity;

(b)       breaches applicable laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive, or invasive of another’s privacy;

(c)       constitutes unsolicited or unauthorized advertising or promotional material (“spam”), chain letters, surveys, raffles, lotteries, contests, or pyramid schemes;

(d)       disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of Viva-Vox or any third party (including submitting Content which contains software viruses, computer codes, files, or programs that are intended to have such an effect);

(e)       is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation;

(f)       imposes or may impose (as determined by Viva-Vox) an unreasonably large load on Viva-Vox’s or its third-party service providers’ technology infrastructure;

(g)       uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or

(h)       contains any link to any other website which contains information that would if included in the Content or Award be in breach of any of these subclauses (a) to (g).

Indemnities

4.25       You agree to indemnify Viva-Vox, its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(a)       your use or misuse of, or wrongful access to, the Website,

(b)       any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf; and

(c)       the publication or use of Content submitted by you or any third party using your account in accordance with the Licence in clause 4.17, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.

4.26       You agree to notify Viva-Vox of any matter(s) that could reasonably be expected to fall within clause 4.25 above as soon as possible after you become aware of such matter(s).

4.27       Viva-Vox reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you must assist and cooperate with Viva-Vox in asserting any available defences.

4.28       The indemnities in clause 4.25 above survive termination of these Terms of Service.

Disclaimers and Limitation of Liability

4.29       If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights“), which cannot be excluded or limited by Viva-Vox. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:

(a)       Viva-Vox excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms of Service; and

(b)       Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.

4.30       If your Consumer Rights prevent Viva-Vox from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.30 in relation to the services offered on the Website, to the extent to which Viva-Vox is entitled to do so and despite any other provision in these Terms of Service, Viva-Vox limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, Viva-Vox’s option:

(a)       the supply of the affected services again; or

(b)       the payment of the cost of having the affected services supplied again.

4.31      Viva-Vox.Org introduces Supporters to Campaigns via the Website, but it is a Supporter’s responsibility to investigate independently and satisfy him or herself as to the identity of a Campaign and the veracity of any claims on a Campaign’s page. Subject to clause 4.29, Viva-Vox does not represent, warrant or guarantee:

(a)       the identity, contact details or bona fides of the Campaign, or the accuracy of any statements made on Campaign pages;

(b)       the feasibility, suitability, appropriateness or success of a Campaign;

(c)       that the Campaign will use your Donation for the Project in accordance with the statements on its Campaign page;

(d)       the Campaign’s capacity or willingness to carry out a Project or provide any Awards offered; nor

(e)       that the full amount of Donations collected or pledged on the Website will be received in full and without deduction by a Campaign in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if a Supporter does not have sufficient funds available or has had their credit or debit card cancelled at the time Stripe attempts collection).

4.32       To the fullest extent permitted by law and subject to clause 4.29, Viva-Vox excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:

(a)       your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;

(b)       any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Website;

(c)       Viva-Vox’s exercise of its rights under clause 4.8; and

(d)       the failure by a Campaign to meet its obligations under these Terms of Service.

4.33       Neither you nor Viva-Vox will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event.  A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.

Privacy

4.34       Viva-Vox.Org takes your privacy very seriously. All your Content and your personal information is held in accordance with the Viva-Vox Privacy Policy www.viva-vox.org/privacy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.

Third Party Sites

4.35       The Website may contain links to third party websites, and third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, Viva-Vox. When accessing third party websites, you do so at your own risk.

Termination

4.36       If you are a Supporter, Viva-Vox may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.

4.37       If you are a Campaign owner, Viva-Voxmay suspend or terminate your access to and/or use of the Website and its associated services by giving written notice to you if you breach these Terms of Service and, in Viva-Vox’s reasonable opinion:

(a)       your breach is significant or serious; and

(b)       suspension or termination of access, as applicable, is justified by your breach.

4.38       If you wish to terminate your User account, you may do so by following the instructions on the Website.

4.39       Upon or at any time after termination of your User Account for any reason, Viva-Vox will delete your Content except to the extent that Viva-Vox is required to retain it by law, or you consent for Viva-Vox to retain or use it. It is your responsibility to ensure that you have stored your Content elsewhere prior to cancelling or terminating your User account. Viva-Vox has no obligation to provide you with a copy of your Content and may remove and discard any data at any time from the date your User account is terminated.

Changes to the Website and these Terms of Service

4.40       Viva-Vox reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. Viva-Vox does not guarantee that any content, including your Content, will be available through the Website at all or specific times.

Governing Law

4.41       These Terms of Service are governed by the laws of the UK and the parties submit to the non-exclusive jurisdiction of UK courts.

Interpretation

Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Project means an initiative that is created by a Campaign and which for which that Campaigns seeks Donations through the Website.

Campaign means an individual, organisation, group or entity which campaigns for a Project through the Website, and where the context permits includes anyone acting on its behalf or with their express or implied authority.

Supporter means a Viva-Vox user who donates to a Campaign.