Last updated: 5 February 2014 (most recent changes are highlighted)
Welcome to the Terms & Conditions ("Terms") for Ammado AG ("ammado" or "we") and all websites operated by ammado.
1.2ammado may modify these Terms from time to time without notice, and such modification shall be effective upon posting by ammado on the ammado Website. You agree to be bound to any changes to these Terms when you use the Ammado Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
2.1ammado is a global community featuring a unique combination of social interaction and philanthropy.
3.1Your use of all the Ammado Services is governed by these Terms. ammado may at its absolute discretion refuse you access to the Ammado Services and/or cancel/terminate your membership without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your membership.
3.2Residents of any state or jurisdiction in which any aspect of the Ammado Services are in conflict with local laws are not eligible to avail of the Ammado Services or obtain membership. ammado makes all reasonable efforts to ensure that the Ammado Services comply with all local laws that we are actually aware of, but you are responsible to ensure that you are in compliance with your local laws.
3.3When you sign up to become a User, you will be asked to choose a password. You agree not to use the account or password of another User at any time or to disclose your password to any third party. You agree to notify ammado immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
3.4You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ammado of any unauthorized use of your password or account or any other breach of security. ammado cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4.1The Ammado Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by ammado. Illegal and/or unauthorized use of the Ammado Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of this Website, is prohibited.
4.2Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of Membership privileges.
4.3Appropriate legal action will be taken for any illegal or unauthorized use of the Ammado Services.
4.4You are prohibited from selling, trading or otherwise transferring your ammado account to another party.
5.1You agree to act in a responsible and legal manner when using the Ammado Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Ammado Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.
5.2You agree not to use the Ammado Services to:
5.3ammado reserves the right to investigate and take appropriate legal action against anyone who, in ammado's opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.
5.4Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
5.5Use of manual or automated software, devices or other processes to crawl or spider any web pages contained on this Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
5.6ammado reserves the right to remove or suspend any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. ammado shall be entitled to terminate your registration for breach of this clause.
6.2You understand that by posting materials (e.g. photos, video, sound etc.) and information on the Site or otherwise providing materials to ammado, you are granting to ammado a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such materials and information in the course of offering the Ammado Services. Furthermore, you understand that ammado retains the right to reformat, excerpt or translate any materials and information submitted by you. You waive any and all moral rights that may subsist in any materials and information that you provide to ammado.
6.3You represent and warrant that: (i) you own the materials and information posted by you on or through the Ammado Services or otherwise have the right to grant the license set forth in this section 6, and (ii) the posting of your materials and information on or through the Ammado Services does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through the Ammado Services.
6.4You understand that all materials and information publicly posted or privately transmitted through the Ammado Services is the sole responsibility of the person from which such content originated and that ammado shall not be responsible or liable for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any content on this Website.
6.5You understand that ammado cannot guarantee the identity of any other Users with whom you may interact in the course of using the Ammado Services. Additionally, ammado cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe.
6.6The Ammado Services contain content of Users and other Ammado licensors and you shall respect the intellectual property rights of others.
6.7ammado may delete any content that in the sole judgment of ammado violates these Terms or which may be offensive, illegal or violate the rights of, harm or threaten the safety of any person.
6.8ammado assumes no responsibility for monitoring the Ammado Services for inappropriate content or conduct. If at any time ammado chooses, at its sole discretion, to monitor the Ammado Services, ammado nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User submitting any such content. In the event that such monitoring may involve the processing of your personal data, ammado will notify you that such monitoring is taking place.
6.9You are solely responsible for the content that you post on or through any of the Ammado Services, and any material or information that you transmit to other Users and for your interactions with other Users. ammado does not endorse and has no control over such content. Content is not necessarily reviewed by ammado prior to posting and does not necessarily reflect the opinions or policies of ammado. ammado makes no warranties, express or implied, as to the content or to the accuracy, integrity and reliability of the content or any material or information that you transmit to other Users.
6.10Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department at email@example.com to let us know of content that you find objectionable.
6.11We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.
6.12You are permitted to print and download limited extracts from the Website for your own use provided that:
7.1Ammado IP contains Intellectual Property, which is the proprietary property of ammado ("Ammado IP"). This includes, but is not limited to, copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. ammado retains the rights to the Ammado IP and reserves all rights in respect of same.
7.2Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
7.3All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are protected by Irish and international copyright laws, and are owned, controlled or licensed by ammado, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Ammado Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
7.4ammado is a trademark of Ammado AG. Trademarks of ammado may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ammado.
7.5The Ammado IP is provided by ammado on an "as is" basis, and ammado expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Ammado IP. To the extent permitted by applicable law, ammado excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Ammado IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
8.2If you make a donation through ammado, we require your email address to send you confirmation of the status of the payment. Please note that we also display your email address to the nonprofit organization that benefits from your donation. If you do not wish your email address to be visible to a nonprofit organization, please select the "Anonymous" option when making your donation.
8.3If you make a donation through ammado, you can choose to explicitly grant permission to your nonprofit organizations that they can send you email updates about their work and their projects. If you do not explicitly grant this permission, some nonprofits may still choose to contact you via email - this is possible due to the difference in laws from country to country and is beyond ammado's control. Please note that all nonprofits "must" provide an unsubscribe option in their email communications. However, this is the sole responsibility of the nonprofits and is not subject to control by ammado. We take unsolicited email very seriously so if you receive communications from a nonprofit that is a direct result of a donation you made through ammado and that does not contain an unsubscribe option, please inform firstname.lastname@example.org.
8.4ammado provides a donations facility to numerous companies. Under certain conditions, when you make a donation through a Giving Widget owned by a company, that company may be able to view your donation details (date, amount, beneficiary) as well as your personal details (name, email address). The conditions that allow this to occur are as follows:
The donation information collected by companies may "only" be used to match donations made through the ammado-provided donations facilities and/or for statistical purposes e.g. to track company-sponsored employee giving programs. If you do not wish your details to be visible to a company under the above conditions, please select the "Anonymous" option when making your donation.
9.1You agree that ammado may, with or without cause and/or prior notice, immediately terminate your ammado account and your access to any Ammado Services. Without limiting the foregoing, the following will lead to a termination by ammado of your use of the Ammado Services: (a) breaches or violations of these Terms or other incorporated ammado agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems or (e) extended periods of inactivity.
9.2Termination of your ammado account includes removal of access to all offerings within the Ammado Services and may also bar you from further use of the Ammado Services. Furthermore, you agree that all terminations shall be made at ammado's sole discretion and that ammado shall not be liable to you nor any third party for any termination of your account or access to the Ammado Services.
10.1By accepting these Terms, you agree to indemnify and otherwise hold harmless ammado, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the Ammado Services; (ii) unauthorized access to or alteration of your communications with or through the Ammado Services or (iii) any other matter relating to the Ammado Services. Any business transactions which may arise between Users from their use of the Ammado Services are the sole responsibility of the Users involved.
12.1You are solely responsible for your interactions with other ammado Users. ammado reserves the right, but has no obligation, to monitor disputes between you and other Users.
13.1These Terms will be governed by and construed in accordance with the laws of Switzerland without regard to conflict of laws principles and you agree to submit to the exclusive jurisdiction of the Irish courts. The English language version of these Terms shall take precedence over any translated versions thereof in the event of any inconsistencies.
14.1Profiles created and posted by Members on the Website may contain links to other websites. ammado is not responsible for the content, intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Ammado Services does not imply approval or endorsement of the linked website by ammado. When you access these third-party sites, you do so at your own risk.
14.2You may create links to this Website on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:
15.1You can donate to selected beneficiaries on ammado using a number of payment methods such as credit or debit cards. Donations are processed by WorldPay.
15.2All donations made through ammado are non-refundable. Please contact our customer services immediately if there are extenuating circumstances and your case may be reviewed at our discretion.
15.3There is a minimum donation amount of $5.00 and a maximum donation amount of $15,000 or their equivalent amounts in each of the available currencies. If you donate using ammado donation gift cards, these limits do not apply.
15.4ammado deducts a 5% fee from all donations. For online payments only, an additional charge (approximately 2.5%) is deducted to cover providers' processing costs. (See our Giving Policy for further information.)
15.5ammado occasionally establishes partnerships with third party organizations - generally in order to increase the quantity of donations for certain campaigns. In extraordinary and rare circumstances, such partners may require an additional charge - for example, to use in establishing an event or to cover the cost of its services.
In these circumstances, the partner's costs may be deducted from donations that are recognised as originating as a direct result of the partner's services. Examples of this may include donations made through the partner's website or application, donations to a partner-sponsored campaign, donations made to a partner's fundraiser or donations using a gift card purchased from the partner's website. This "Partner Fee" will be made fully transparent to nonprofits on the rare occasions that it might occur.
15.6The email you receive directly after your donation is considered a confirmation for that donation. You can additionally request a receipt after your donation is made. To request a receipt, click the link provided on the success panel of the giving widget or the link provided in your confirmation email. If you are an ammado member, click the "Information" icon on your donation statement for any donation to access the receipt request form. The implications from a tax perspective of donating to a charity will vary from country to country, and donors should consult the relevant authorities in their own jurisdiction for guidance on these matters.
15.7You hereby acknowledge that ammado has no control over the use of donations that are made to charities through this Website.
15.8We have the sole discretion to enlist/delist nonprofit organizations in our provision of this facility.
15.9We reserve the right at any time from time to time to modify or discontinue, temporarily or permanently the donation facility with or without notice. You agree that ammado shall not be liable to you or any third party for any modification, suspension or discontinuation of the facility.
15.10Donations made to a nonprofit organization will be given to that nonprofit organization only and no substitution of donations between nonprofit organizations shall be permitted.
16.1An ammado Donation Gift Card can be redeemed by anyone with a valid gift card code - it is not required to log in or have an ammado account in order to redeem a gift card.
16.2An ammado Donation Gift Card can be redeemed by indicating your preferred allocation of the total value of the gift card to participating nonprofits. Donation Gift Cards cannot be partially used.
16.3Generally, an ammado Donation Gift Card can be used to donate to any nonprofit registered on ammado although gift cards can be restricted to defined beneficiaries by the purchaser of the gift card.
16.4An ammado Donation Gift Card is allocated to the purchaser and that person is entitled to redeem the gift card or alternatively, it can be transferred to another person for redemption.
16.5An ammado Donation Gift Card is generally only valid for 12 months from the date of issue. A shorter period of time can be specified at the time of purchase. In exceptional circumstances - and only upon request - ammado can generate Donation Gift Cards that have a longer expiry period.
16.6An ammado Donation Gift Card is non-refundable and cannot be redeemed for cash and or be exchanged for another gift card.
16.7An ammado Donation Gift Card cannot be replaced if lost or stolen.
16.8If an ammado Donation Gift Card is unable to be redeemed due to technical malfunctions, your sole remedy, and our sole liability, will be the replacement of a gift card with another gift card for the same amount.
16.9An ammado Donation Gift Card cannot be used to make a repeat donation.
17.1While ammado endeavours to ensure that the information on this Website is correct, ammado does not warrant the accuracy and completeness of the material on the Website. ammado may make changes to the material on the Website or the Ammado Services at any time without notice. The material on the Website may be out of date, and ammado makes no commitment to update such material.
17.2Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of this Website, or by anyone who may be informed of any of its contents.
17.3Under no circumstances shall ammado be responsible for any loss or damage, resulting from use of the Ammado Services, attendance at an ammado event, from any content posted on or through the Ammado Services, from the conduct of any User of the Ammado Services, whether online or offline, or damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing the Ammado Services.
17.4To the fullest extent permitted by applicable law, ammado shall not be liable to any User under contract, tort, equity or otherwise for any loss or damages arising out of ammado's connection with the User's use of the Website or the provision of services by ammado, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and/or whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act, or breach of ammado, its employees, contractors or sub-contractors. Without prejudice to the generality of the foregoing, under no circumstances shall ammado be liable to any User for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of use of data or software, howsoever arising.
17.5THIS WEBSITE AND ALL MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, AMMADO EXPRESSLY DISCLAIMS ALL AND SHALL NOT BE DEEMED TO HAVE GIVEN ANY WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), OTHER THAN AS SET OUT IN THESE TERMS. AMMADO EXPRESSLY DISCLAIMS AND EXCLUDES ALL TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, IN CONNECTION WITH THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS AND WARRANTIES IMPLIED BY SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 ARE HEREBY EXCLUDED, AND THE PARTIES AGREE THAT THESE EXCLUSIONS ARE FAIR AND REASONABLE
17.6ammado cannot guarantee and does not promise any specific results from use of the Ammado Services.
17.7Part of this Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. ammado takes no responsibility for third-party advertisements which are posted on this Website or through the Ammado Services, nor does it take any responsibility for the goods or services provided by its advertisers. ammado will not be responsible for any error or inaccuracy in advertising materials.
17.8ammado 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 User communication.
17.9While ammado endeavours to ensure that the Website is normally available 24 hours a day, ammado is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Ammado Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Ammado Services. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond ammado's control.
17.10ammado reserves the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. The User agrees that ammado shall not be liable to them or any third party for any modification, suspension or discontinuation of the Service.
17.11Commentary and other materials posted on this Website are not intended to amount to advice on which reliance should be placed. ammado therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
17.12ammado cannot guarantee and does not promise any specific results from use of the Ammado Services.
18.1These Terms are accepted upon your use of this Website or any of the Ammado Services and is further affirmed by you becoming a User.
18.3The failure of ammado to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
18.4These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to ammado and you.
18.5You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of ammado.
18.6ammado shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
19.1Please contact us at email@example.com with any questions regarding these Terms.