I. Introduction
Please read this Agreement carefully before
using the TabsFun Donation System
(the "Donation System". This is a legally
binding agreement (the "Agreement") between
you ("you") and TabsFun "TabsFun". By using
the Donation System,
you hereby ACCEPT AND AGREE to all of the
terms and conditions set forth in this Agreement.
Checking the Agreement checkbox OR clicking
the button "Accept and Continue"
is the equivalent of signing this contract
and makes it legally binding.
II. Purpose of Donations
The sole purpose of accepting donations is
to provide you a gateway to contribute
monetarily to the TabsFun team in an effort
to dampen the current out-of-pocket
expenditures endured by the TabsFun
developers. By using the Donation System,
you understand and agree that you are making
a voluntary, non-refundable donation towards
TabsFun's infrastructure costs.
III. Capacity to Contract and
Consideration
If you are an individual, you warrant you have valid legal capacity to enter
into and perform your obligations under this Agreement.
If you are a representative of a company or entity, you warrant you have the
requisite
power and authority to enter into this Agreement on behalf of the company or
entity.
In exchange for your donation through this Donation System, we will charge
according
to the amount you select using Paypal.
You should review your donation amount carefully before completing the
transaction.
IV. Access and Limited License
A. Donating does not entitle you to any privileges in relation to ownership of
any modification specific
intellectual rights, assets, test builds, forum access, preferential treatment
from TabsFun.
As a donator, you are fully bound by our Forum Rules, Privacy Statement,
Terms of Services and Disclaimer at all times.
V. Privacy
VI. Disclaimers of Warranties and
Limitation of Liability
You acknowledge that
A. TabsFun is not responsible for
1. the content, quality, integrity,
performance or any other aspect of the information
provided or transmitted by this service;
2. errors or problems related to
transmission of data;
3. any damages, consequential or incidental,
arising out of use of this service.
B. You agree if you have a dispute with us
or are dissatisfied with any aspect of
our Donation System or any of the terms
and conditions of your Agreement with us,
registration and use of our service is
your sole right and exclusive remedy,
even if that right or remedy is deemed to
fail of its essential purpose.
C. You acknowledge and agree we have no
obligation, liability or responsibility
to you or any other party. Under no
circumstances shall we have any obligation
to refund any monies actually donated by
you.
D. TabsFun and its suppliers make no
warranties of any kind, express or implied,
in connection with this service. We make
no warranties of non-infringement,
accuracy or completeness or any other
warranties concerning the information
accessible through our system. This
service is provided with all faults, and
the entire risk as to satisfactory
quality, performance, accuracy and effort is with you,
the user. There is no warranty that any
information, our efforts, or the system meets
any standards of merchantability or will
fulfill any of particular purposes or needs
even if we have been notified of your
purposes or needs.
E. TabsFun makes no warranty of ability to
deliver timely or accurate services.
VII. Indemnification
In addition to indemnification or liability
provisions in other sections of this Agreement,
you hereby agree to indemnify, defend and
hold harmless TabsFun, its shareholders, officers,
directors, employees, agents, affiliates,
successors and assigns, from and against any and all claims,
demands, losses, liabilities, damages or
expenses (including attorney's fees and costs) of any
nature whatsoever incurred or suffered by us
(collectively the "losses", in so far as such losses
(or actions in respect thereof) arise out
of, are related to, or are based on or reasonably related
to the breach of any representation,
warranty, obligation or covenant agreed to by you in this Agreement.
This clause shall also be effective against
your heirs, assigns, or representatives.
You understand that this is not a sale, this means
that no shipping warranty
responsability, functionality, usefullness,
quality, operation and/or any other
kind of warranty on respect to the shipping
of the product applies. It is also possible
that for reasons outside our control, your
gift never arrives to its final destination,
you are completly consious of this and we
are not responsible in such case.
The Capo that you receive could be diferent, because to deliver
it as soon as
possible we send you what we have available in our storage.
VIII. Damages and Relief
You acknowledge your breach of any provision
of Section IV (Access and Limited License)
of this Agreement by you will constitute
immediate and irreparable damage to TabsFun,
which cannot be adequately compensated
solely by money damages, and will warrant preliminary
and other injunctive or equitable relief in
addition to money damages. You also consent to the
issuance of such equitable relief and agree
no bond or other security shall be required for TabsFun
to obtain any such equitable relief. This
provision does not limit any other enforcement actions or
remedies which may be available for breach
of any provision of this Agreement.
IX. Modification Clause
TabsFun reserves the right to change the
Agreement or policies regarding the use of the Donation System
at any time and to notify you by posting an
updated version of the Agreement on this website.
You are responsible for regularly reviewing
the Agreement.
X. Construction of this Agreement
A. The terms and conditions included or
incorporated by reference in this Agreement constitute
the entire Agreement between the parties on
the subjects covered by this Agreement.
B. The rights, remedies and obligations
under this Agreement are cumulative.
The exercise of any rights and remedies
under this Agreement or any other Agreement shall not preclude or
waive the right to exercise any and all
other rights and remedies. A failure of a party, intentional or otherwise,
to exercise in any instance any right under
this Agreement or any other Agreement or law does not constitute a waiver of any
rights related to any
other instance. Any waiver of rights by
TabsFun must be made in a signed writing by an authorized agent.
C. Severability and Substitution - If any
part of this Agreement is determined to be invalid or unenforceable,
including but not limited to, the warranty
disclaimer and liability limitations, the remainder of the Agreement
shall continue in effect and the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original provision.
XI. Independent Investigation
You acknowledge that you have read this
Agreement and freely and voluntarily agree to all its terms and
conditions without modification. You have
independently evaluated the desirability of entering into this
Agreement and are not relying on any
representation, guarantee, or statement other than as set forth in this
Agreement.
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