Terms & Conditions

Please read the privacy policies (“Privacy Policies”, “Policies”) and terms & conditions (“terms”, “terms & conditions”) carefully before using www.VFundaCharity.org website or VFund mobile application (the “service”, “Application”) operated by VFund A Charity (“us”, ‘we”, “our”).

Every time you visit this website, use its services or applications, you accept all the conditions listed in this document.  This document will help you better understand our practices.  By using our Services, you consent to our collection, use, and disclosure of information about you and your device. You consent to and understand that the apps are designed to automatically collect location-based data on you via your mobile device whenever your device is turned on unless you uninstall the app and that this data, which may include personal information, may be shared with third-parties.  If you do not want your location info collected, you must turn off your phone or uninstall the app.

USER PROVIDED INFORMATION

The Application obtains the information you provide when you download and register the Application. Registration with us is not optional therefore, you will not be able to use any features offered by the Application unless you register with us directly or using your associated social media account.

When you register with us and use the Application, you generally provide (a) your name, email address, social media user name, password and other registration information; (b) transaction-related information, such as when you download or use applications from us; (c) information you provide us when you contact us for help; (d) use of the Application, and; (e) information you enter into our system when using the Application, such as contact information.

We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, location information, and information about the way you use the Application.

DO THIRD PARTIES SEE AND/OR HAVE ACCESS TO INFORMATION OBTAINED BY THE APPLICATION?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this document. We may disclose User Provided and Automatically Collected Information:

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as required by law, such as to comply with a subpoena, or similar legal process
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when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request
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with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this document.
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if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
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To third-parties, whose practices are not covered here, in order to improve our services and Application for your usage.

DO WE SELL THIS COLLECTED INFORMATION TO THIRD-PARTIES?
We do not sell any of your information to third parties.

COPYRIGHT

Content published on this website (digital downloads, images, texts, graphics, logos) and in the App are the property of VFund A Charity and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website or in the App are the exclusive property of VFund A Charity, with copyright authorship for this compilation by VFund A Charity.

COMMUNICATION

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. We will continue to communicate with you by posting news and notices on our website, social media pages and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

By using the Services, you consent to us communicating with you about the Services or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, device identifiers, web beacons, and other technologies to collect information about your use of our services and other websites and apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our services and third-party services, and better understand your online activity.

RIGHTS WE GRANT TO YOU

Subject to these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services on any device that you own or control. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the App available over a network where it could be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services.

WHAT ARE MY OPT-OUT RIGHTS?

You can stop all collection of information by easily uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@VFundaCharity.org.

RIGHTS YOU GRANT TO US

The Services may provide the opportunity for you to share content with us. You grant us and our affiliates a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, publicly display, reproduce, modify, adapt, publish, distribute, and create derivative works from, any content that you submit to us for business purposes.

USER CONDUCT

You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services. You also agree that you will not:

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Attempt to misdirect, mislead, or generate fake location-based data as part of the data collection process for the Apps
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Use or attempt to use another user's account without authorization from that user and us
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Develop any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services
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Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner
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Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
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Engage in any harassing, threatening, intimidating, predatory or stalking conduct
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Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services
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Submit any content that is (a) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, (b) that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content (c) or that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
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Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access.

PROGRAM AND POINTS

It is your responsibility to understand how this applies to your participation in the Program. By participating in our Points Program (the “Program”), you agree to the following:

Eligibility – The Program is free and open to everyone who has a smart device (i.e. phone, tablet, etc.) compatible with the Application. Void where prohibited by law.

Enrollment – You may create an account with us or use your active social media account (Facebook, Twitter or LinkedIn) and enroll in the Program by completing all of the following steps:

Download and install VFund Application on your smart device.

Open the Application, review the privacy policies, and accept the Terms & Conditions.

Create an account with us or use your social media account to log in.

Your account will be created for you after you enroll in the Program. You are responsible for ensuring the accuracy of your Account information and are encouraged to check your Account regularly. The person who is the holder of the email address used to register for the Program will be deemed the Account owner.

Earning of Points – The number of points you earn will be tracked in your Account. You can earn points in the following ways:

Video Completion: You will be offered the opportunity to view video ads to earn points in the Application. You must completely watch the video ads in order to earn points up to 25 Points per video.

Survey Completion: You will be offered the opportunity to complete surveys to earn points in the Application. You must answer all required questions in order to complete the survey and earn points up to 50 Points per survey.

Our decisions regarding the awarding of points are final and binding. Earned Points that are determined to be earned in violation of these Terms will be disqualified and removed from your Account. Points have no cash value and do not constitute as your property. Points may be revoked at any time as described in these Terms. We may change the number of Points awarded for each activity as well as the activities eligible for Points at our discretion. If you believe that Points were not properly accrued to your Account, you must contact info@vfundacharity.org within 5 days of the award date.

Point conversion mentioned in and outside this document are for the mere purpose of easing users’ understanding and are not precise as they can never be so due to highly fluctuating variables not within our controls, such as advertisement rates, user base, ad promotions, geographic locations, etc.

and are not meant to be used in any form of payout calculations.

Distribution of Points – Your daily accumulated points will be distributed to your selected charity causes evenly at the end of each day.  Monthly accumulated points will be converted into monetary donations and donated to charity causes at the end of each month if the donation amount exceeds $100 USD.  If a charity’s accumulated proceeds are below $100 USD, then this amount will not be distributed that month but will continue to roll over into next month until it exceeds the minimum amount mentioned above. Our decisions regarding the conversion of points into monetary donations are final and binding.  We may change this conversion ratio and/or minimum amount, depending on ad market rates, at our discretion.  These monetary donations do not constitute as your property.

If you do not have any charity selected in the app profile, your accumulated proceeds will be allocated to other charities on daily basis per our discretion.

Additional Restrictions – You may not modify the Application in any way. You may not modify your smart device or its software in any way that may alter or affect its performance or the operation of the Application.  You may not create an Account or participate in the Program for any commercial purpose. You may not sell Points or your Account. You may not transfer Points between Accounts or combine Accounts.  Points may not be sold and are not transferrable or assignable for any reason.

We may remove a charity from the provided list at any time at our sole discretion for various reasons that may include such that charity does not have enough contributors to exceed the minimum amount within a year, charity has deviated from the goals it was added based upon, charity no longer exists, a law prohibits us from helping that charity and etc. This removal may take effect with or without a prior notification to you as its contributor.

Violation of these Terms or the Law – We may discontinue your participation privileges and terminate your Account in our sole discretion if we believe that you have acted in a manner inconsistent with these Terms or the law or have engaged in any fraudulent activity with respect to the Application. If your Account is terminated, your Point balance will be forfeited. In addition to forfeiture, we reserve the right to take any appropriate administrative and/or legal action as it deems necessary in our sole discretion.

Modifications and Termination of the Program – We may modify, suspend, or terminate the Program and these Terms at any time in our sole discretion. These changes may impact or terminate your ability to earn Points. We will provide notice of modifications, suspensions, or termination of the Program by posting notice on our website, www.vfundacharity.org. The current version of these Privacy Policies and Terms & Conditions is available at our website. Any modification, suspension, or termination of the Program by us will be effective immediately upon posting notice. Your continued participation in the Program constitutes your acceptance of any changes to these Privacy Policies and Terms & Conditions.

Publicity Release – By participating in the Program, you grant us the right to publish your first and last name, demographic information, and state or province on our website and in our advertising and promotional materials. You understand and agree that you will not receive any payment or consideration for any such use.

Errors and disputes – We are not responsible for any incorrect or inaccurate information supplied by you while participating in the Program. All disputes regarding eligibility, earning, or your compliance with these Terms will be resolved by us in our sole discretion.

Waiver – No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

Consumer Rights – Nothing in these Terms shall be deemed to exclude or restrict any of your statutory rights as a consumer.

DATA RETENTION POLICY, MANAGING YOUR INFORMATION

We retain the information we collect for as long as it is necessary for the purpose(s) described in this literature. Additionally, we retain the information we collect to resolve disputes, enforce our policies, and to comply with the law. Please note that all the User Provided Data is required in order for the Application to function properly.

COMMENTS, REVIEWS, AND EMAILS

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant VFund A Charity non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

DATA CHARGES

You understand and agree that you may incur data charges or similar fees in connection with your use of the Services. It is recommended that any device utilizing the Apps subscribe to an unlimited monthly data plan.

CHILDREN

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@VFundaCharity.org. We will delete such information from our files within a reasonable time.

THIRD PARTY SERVICES & CONTENT

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Optionally, you may choose to specifically reject our cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services or the website and applications that integrate our Services.

ADVERTISEMENTS AND PROMOTIONS

We will run advertisements and promotions from third parties on or in connection with the Services or may otherwise provide information about or links to third-party products or services on or in connection with the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-VFund advertisers or third-party information on the Services.

OWNERSHIP

The Apps and Services contain the valuable proprietary content of VFund A Charity and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Apps and Services except in its intended manner in accordance with these Privacy Policies and Terms & Conditions.

SECURITY

We are concerned about safeguarding the confidentiality of your information. We provide electronic safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

EXPORT LIMITATIONS

You may not use or otherwise export or re-export the Apps or any content therein, except as authorized by United States law and the laws of the jurisdiction in which the Apps or content were obtained. In particular, but without limitation, the Apps and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries or (b) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or anywhere outside of United States of America.

PUSH NOTIFICATIONS/REMINDERS

We may send push notifications or reminders to your mobile device. You can deactivate these messages at any time by simply uninstalling our apps from your device.

USER ACCOUNTS AND ACCOUNT SECURITY

You will need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
As an owner of an account with us, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

ADDITIONAL Google and iOS (The “App-Stores”) APP TERMS

Acknowledgement: The parties acknowledge that these Terms are a binding agreement between you and us, and not with App-Stores. We, not App-Stores, are solely responsible for the App-Stores Apps and the content thereof. You further acknowledge that the usage rules for the Apps are subject to any additional restrictions set forth in the Usage Rules set forth in the App-Stores Terms of Service (the "Usage Rules") and that you will comply with any applicable third-party terms when using the App.

Support: App-Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.

No Warranty: App-stores have no warranty obligation whatsoever with respect to apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the apps. See our Disclaimer section.

Third Party Claims: The parties acknowledge that as between App-Stores and us, we, not App-Stores, are responsible for addressing any claims of the end-user or any third party relating to the Apps or the end-user's possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the App infringes a third party's intellectual property rights.

Third Party Beneficiary: The parties acknowledge and agree that App-Stores, and App-Stores' subsidiaries, are third party beneficiaries of the Terms relating to the Apps, and that, upon the end-user's acceptance of these Terms, App-Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against the end-user as a third-party beneficiary thereof).

MAINTENANCE AND SUPPORT

We are not obligated to provide any support or maintenance services for the Apps or other Services. If you have any questions regarding the Apps, please contact us at info@vfundacharity.org.

LEGAL COMPLIANCE

By downloading, installing and using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

APPLICABLE LAW

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Fort Bend County, Texas.

CHANGES

This document may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policies and Terms & Conditions by posting the new Privacy Policies and Terms & Conditions here. You are advised to consult these Privacy Policies and Terms & Conditions regularly for any changes, as continued use is deemed approval of all changes.

MODIFYING THE SERVICES AND TERMINATION

We reserve the right to change, suspend, remove, discontinue or disable access to the Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any portion or feature of the Services. You can terminate these Privacy Policies and Terms & Conditions at any time and for any reason by uninstalling the App. We may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services or impose new or additional limits on your ability to use our Services.

SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Privacy Policies and Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

INDEMNITY

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless us, our affiliates, directors, officers, stockholders, employees, licensors, charities and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; (c) your breach of these Terms; (d) our content; and (e) Charity information.

DISCLAIMERS

The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while our attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any information you obtain on or through the services will be timely or accurate. The sole purpose of the content provided through our Services is to encourage and inspire the users to do good and not to credit or discredit any sources in the process.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, we and our managing members, shareholders, employees, affiliates, licensors, charities and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: your access to or use of or inability to access or use of the services, even if we have been advised of the possibility of such damages. In no event will we aggregate liability for all claims relating to the services exceed the greater of $10 USD or the amount you paid us, if any, in the last 12 months.

CHANGES TO THESE PRIVACY POLICIES AND TERMS & CONDITIONS

We may make changes to these Privacy Policies and Terms & Conditions from time to time. If we do make changes, we will post the amended Privacy Policies and Terms & Conditions to our Services and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Privacy Policies and Terms & Conditions, you must stop using our Services.

MISCELLANEOUS

These Privacy Policies and Terms & Conditions constitute the entire agreement between you and us relating to your access to and use of our Services. Our failure to exercise or enforce any right or provision of these Privacy Policies and Terms & Conditions will not operate as a waiver of such right or provision. The section titles in these Privacy Policies and Terms & Conditions are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Privacy Policies and Terms & Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

YOUR CONSENT

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policies and Terms & Conditions now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

CONTACT US

If you have any questions while using the Application or have questions about our practices with respect to the services, please contact us via email at info@vfundacharity.org.