Terms and Conditions
Last updated: December 14, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to: United Kingdom
- Foundation (referred to as either “the Foundation”, “We”, “Us” or “Our” in this Agreement) refers to LOCO FOUNDATION LTD, The Picasso Building, Caldervale Road, Wakefield, West Yorkshire, WF1 5PF, UK.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Donation means a free willing amount you want to give.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Foundation regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to #LoCo.Foundation, accessible from https://loco-foundation.org/
- You means the individual accessing or using the Service, or the Foundation, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Foundation. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Foundation does not permit those under 18 to use the Service.
We will use your donation at our discretion but within our stated charitable objectives.
All payments through the Website are to be made by manual bank transfer. Once you confirm to us through the Website that you will proceed with your donation your case will be processed after the successful transfer. You can send us the transfer receipt by email so that we can process your donation faster.
These Terms and Conditions apply separately to every single donation that you make. Except as provided for in section ‘Conditions for the Transfer of Usage Rights for #LOCO’, they do not form a contract allowing for future or successive transactions to be set up. By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.
If you made an error in your donation please contact us by eMail within 14 days.
Conditions for the Transfer of Usage Rights for #LOCO
The subjects of this agreement are:
- the word mark “#LOCO” registered at the German Patent and Trademark Office (DPMA) with the file number 3020202169310
- the figurative mark “#LOCO” with the file number 018296254 is registered at the Office of the European Union for Intellectual Property (EUIPO)
The Foundation is contractually entitled to grant licenses to third parties through the owner of the trademarks.
The Licensor hereby authorizes the licensee to use the trademarks as named above.
Every natural person can acquire one or more licenses from the limited package of 1.000.000 licenses by donation.
A separate remuneration for the granting of rights described here is not charged. The license is issued as a thank you for a donation.
The licensee is entitled to use the trademark optimally in the following text form: #LoCo
The right of exercise applies without restriction to global use in electronic publications (such as postings, comments, reviews, etc.) in plain-text form as a so-called hashtag. Use of the wordmark in images or print media and the figurative mark is only permitted with special permission. The Licensor grants the extended permission in writing or announces it at the appropriate place.
The licensee is obliged to protect the trademark from any damage. The use of the trademark in connection with offensive, defamatory, threatening, racist, pornographic, violent, or drug-glorifying or other illegal statements or links to such content are set is prohibited. The licensee is obliged to comply with the existing legal provisions (e.g. criminal law, youth protection, trademark law, copyright law, unfair competition, etc.).
The licensee is not entitled to prosecute violations of the licensed trademarks within the scope of this contract at his own expense and risk. If the trademark is infringed, legal action can only be taken with the consent of the trademark owner.
The duration is at least up to 1 full calendar year. It ends no later than the expiration date printed on the license. We may send you a notification of the license expiration date. In this note, we will also inform you how you can renew the license on a voluntary basis with a further donation.
Publishing Personal Data
If you want us to put you on our “Thank you” page, we are allowed to publish personal data as follows:
- Forename(s), Surname initials, Town, Country (e.g.: Emilia T., Wakefield, England)
No further personal data will be published on public pages and websites!
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Foundation.
The Foundation has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Foundation and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Foundation or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Foundation or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Foundation, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Foundation provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Foundation nor any of the Foundation’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Foundation are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Foundation.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: firstname.lastname@example.org
This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.