Terms Of Use
Last updated: 22 May 2024
1. Acceptance of terms
Sourberry (“Sourberry,” “we,” “us,” or “our”) provides a charity platform that generates revenue from advertisement views to help Ukrainian troops through our browser plugin (the "Extension") — which includes text, images, audio, code and other materials (collectively, the “Content”) and all of the features, and services provided. The Extension and any other features, tools, materials, or other services offered from time to time by Sourberry are referred to here as the “Services.”
Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Services. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy and (3) agree to any additional terms, rules and conditions of participation issued by Sourberry from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.
2. Modification of Terms of Use
Providing for binding arbitration and waiver of class action rights, Sourberry reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
3. Eligibility
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms and to abide by and comply with these Terms.
Sourberry is a global platform and by accessing the Content or Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Service. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including funding of Ukrainian military forces, and interacting with the Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Sourberry is not liable for your compliance with such laws.
4. Security
Using Sourberrу you agree to immediately notify us of any unauthorized use of your account or breach of security. Sourberry cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. REPRESENTATIONS, WARRANTIES AND RISKS
5.1. Warranty disclaimer
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Sourberry has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Sourberry from all liability for you having acquired or not acquired Content through the Service. Sourberry makes no representations concerning any Content contained in or accessed through the Service, and Sourberry will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You acknowledge that Sourberry is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder
5.2 Risk of Regulatory Actions in One or More Jurisdictions
Sourberry and funding of Ukrainian military units could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Sourberry to continue to develop, or which could impede or limit your ability to access or use the Service.
5.3 Application Security
You acknowledge that Sorsberry is not responsible for products and services that are promoted through the Sorsberry app and acknowledge that you are solely responsible for evaluating any products and services provided by the Services or Content and the trustworthiness of any third-party websites, products, or Content you access or use through the Service. You further expressly acknowledge and represent that Sourberry cannot be held liable for your interaction with such products and services. This warning and others later provided by Sourberry in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the
Service or Content.
6. Indemnity
You agree to release and to indemnify, defend, and hold harmless Sourberry and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Sourberry reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Sourberry in the defense of such matter.
7. Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE EXTENSION. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE EXTENSION MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EXTENSION IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOURBERRY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF Sourberry HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE EXTENSION; THE USE OR THE INABILITY TO USE THE EXTENSION; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXTENSION; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE EXTENSION OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE EXTENSION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Intellectual Property
We grant you limited, non-exclusive, revocable permission to make use of the Extension (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the Service.
The Sourberry software application, including without limitation the Extension, are not sold or transferred to you, and Sourberry and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
You agree to abide by our user guidelines and not to use the Service or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Sourberry grants no right, title, or interest to you in the Extension.
Third-party software (for example, open-source software libraries) included in the Service are made available to you under the relevant third-party software library’s license terms.
9. Links
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Sourberry has no control over such sites, applications and resources, you acknowledge and agree that Sourberry is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sourberry 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Termination and suspension
Sorberry may terminate or suspend all or part of the Service and your Sourberry access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
11. No third-party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
12. GENERAL INFORMATION
12.1 Entire Agreement
These Terms (and any additional terms, rules, and conditions of participation that Sourberry may post on the Service) constitute the entire agreement between you and Sourberry with respect to the Service and supersedes any prior agreements, oral or written, between you and Sourberry. In the event of a conflict between these Terms and the additional terms, rules, and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
12.2 Waiver and Severability of Terms
The failure of Sourberry to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
12.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12.4 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.