TERMS OF SERVICE

Thank you for your interest in email charity.

Use of this website is governed by the terms and conditions described below.  Please read them carefully.  Your use of this website indicates your acceptance of these terms and conditions. emailcharity.com is operated by email charity internetservices GmbH (hereinafter referred to as: “email charity”). Email charity reserves the right to make modifications to these Terms & Conditions of Use at any time and without notice to users.  You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use are referred to hereafter as the “Agreement”. 

In addition, when using particular emailcharity.com owned or operated services, you and emailcharity.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted on the website of emailcharity.com from time to time.  All such guidelines or are hereby incorporated by reference into the Agreement.

 

DESCRIPTION OF SERVICE

The term “Service” shall mean the Internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and other information of any kind that are accessible through the email charity web application, which application is currently located at various URLs owned and operated by email charity, as well as all updates, enhancements and modifications thereto.  In addition, the meaning of “Service” shall include all correspondence, email, or data sent by email charity personnel or agents.

You also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from email charity, such as service announcements, administrative messages and various emails, which may include attachments.

You understand and agree that email charity assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges).  You are responsible for those fees.  In addition, you must provide and are responsible for all equipment necessary to access the Service.

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Therefore you accept the obligation to review these Terms of Service prior to each use of the email charity website. You have the right to terminate your usage and contractual obligation without prior notice, if you are not willing to accept any of such modifications.

You must be eighteen (18) or over to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited.

OWNERSHIP

User acknowledges and agrees that: the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all rights therein, is owned by email charity and its third party content providers (“Content Providers”). If you contribute to our service by postings, uploads or other contributions, you transfer all rights regarding to such contributions, to email charity, especially the right of making these contributions available to the public via the websites of email charity or other websites.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Austria and    European Union (EU) or the country in which you reside.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMAIL CHARITY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EMAIL CHARITY AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM email charity OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT email charity AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF email charity.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THIS LIMITATION OF LIABILITY IS NOT APPLICABLE IN CASES OF WILFULNESS OR GROSS NEGLIGENCE OF EMAIL CHARITY.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

Non-Commercial Use by Members. All Organizations, companies, and/or businesses alike may not become Members and should not use the email charity Service or the Web site for any purpose. The email charity Web Site service is meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavours. The following include Illegal and/or unauthorized uses of the Web site: Collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated thoroughly, and the appropriate legal action will be taken, including without limitation, criminal, civil and injunctive redress.

Certain portions of email charity require users to register to obtain certain email charity Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the email charity registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the email charity Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or email charity has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, email charity has the right to suspend or terminate your access and refuse you any and all use of relevant Site.

PASSWORDS AND SECURITY

Access to certain email charity Services require you to choose a user name and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify email charity immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Email charity cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 

INDEMNIFICATION OF EMAIL CHARITY

You agree to indemnify and hold email charity harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on email charity Services, (c) your connection to our Sites, (d) your violation of this Agreement, or (e) your violation of any rights of another party.

TERMINATION OF YOUR ACCESS TO EMAIL CHARITY SERVICES

You agree that email charity, in its sole discretion, may terminate your access to the email charity Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if email charity believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the email charity Services may be effected without prior notice, and acknowledge and agree that email charity may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the email charity Services. Further, you agree that email charity shall not be liable to you or any third party for the discontinuation or termination of your access to the email charity Services, even if advised of a claim for damages.

EMAILCHARITY.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

We may update this Privacy Policy from time to time. We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.

To help users understand how they can better protect their privacy online, below are some recommendations:

When using any online service it is recommended that you:

  • Never display personally identifiable information on your profiles such as home address, phone number, birth date, social security number, or email address.
  • If you do not want your profile to be indexed by search engines, it is recommended that you make your profile private. Most social networks allow you to make your profile private in their account settings page.
  • If other search engines (Google, Yahoo, MSN) are displaying search results that are inaccurate or reveal personally identifiable information, please work with the search engine directly to remove those results from their index and work with the website where that information is displayed to remove your information.
  • Never give out personally identifiable information in public online discussion groups, blogs, or chat rooms.

TRADEMARK INFORMATION

The emailcharity.com logo and service marks and product and service names are trademarks of emailcharity. Without emailcharity's prior permission, you agree not to display or use in any manner the emailcharitys Marks

 

Information we collect and how we use it

When you sign up for a email charity account, we may collect the following types of information:

Information you provide - When you sign up for an email charity account or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). We are allowed to combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

  • Email charity cookies - When you visit email charity, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some email charity features and services may not function properly if your cookies are disabled.
  • Log information - When you use email charity services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
  • User communications - When you send email or other communication to email charity, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. You agree to receive periodic system mails from emailcharity.com to the adress you have entered.
  • Affiliated sites - We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to email charity in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
  • Other sites - This Privacy Policy applies to web sites and services that are owned and operated by email charity. We do not exercise control over the sites displayed as search results or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
  • Email charity processes personal information on our servers in Austria and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services.

Third-Party Advertisers

We may use third-party advertisers to serve advertisements on the Sites. Please be advised that such advertisers may use cookies, web beacons and other technologies to, among other things, enable such advertisers to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. For more about third-party ad servers please check: www.networkadvertising.org. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY ADVERTISERS.

 

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information, at your sole discretion. If  we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our services, in which case email charity may not be able to provide those services to you.

Information sharing

Email charity only shares personal information with other companies or individuals outside of email charity in the following limited circumstances:

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons, but only for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of email charity, its users or the public as required or permitted by law.
  • We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

In what other situations may we disclose your information?

Law Enforcement/Legal Requirements. We may disclose your personally identifiable information as well as your IP address and other information to comply with court orders or subpoenas or when required to do so by law. We also may disclose such information in cooperation with a law enforcement or government request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, as necessary to render or conduct a legitimate business activity related to a service we provide, or to comply with legal or regulatory obligations.

Security

We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

Policy Changes

We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes and to give you the opportunity to cancel your registration.

 

These Terms of Service are governed by the Law oft the Republic of Austria. The rules of conflicts of Laws are excluded. Any disputes between you and emailcharity.com shall be settled before the Bezirksgericht Innere Stadt or the Landesgericht für Zivilrechtssachen in Vienna, if you are a consumer, before your ordinary court.

 

Imprint

 

Email-charity GmbH

Feldgasse 1/36

A-1080 Vienna/Austria

Fax: +43 1 2367547 - 9

UID-Nummer: ATU63671725

CEO: Marcus Pernkopf

E-Mail: office@emailcharity.com

Firmenbuchnummer (trad register): FN299113y