The following terms and conditions govern all use of the Tip Jar website and all content, services and products available at or through the website. The Website is owned and operated by Square1 Software Limited trading as Tip Jar. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Tip Jar (collectively, the “Agreement”). Please read this Agreement carefully. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tip Jar, acceptance is expressly limited to these terms.
By utilising Tip Jar you are agreeing that you will be liable for all refunds and chargebacks that are applicable to your contribution request. Tip Jar will have no obligation to provide a refund of any amounts previously paid to Tip Jar.
If you create an account on the Website, you are responsible for maintaining the security of your account and contribution request page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the contribution request page. You must not describe or assign keywords to your contribution request page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Tip Jar may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Tip Jar liability. You must immediately notify Tip Jar of any unauthorized uses of your contribution request page, your account or any other breaches of security. Tip Jar will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate an account, register for a contribution request page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By operating the Website, Tip Jar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tip Jar disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Tip Jar links, and that link to Tip Jar. Tip Jar does not have any control over those non-Tip Jar websites and webpages, and is not responsible for their contents or their use. By linking to a non-Tip Jar website or webpage, Tip Jar does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tip Jar disclaims any responsibility for any harm resulting from your use of non-Tip Jar websites and webpages.
As Tip Jar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Tip Jar violates your copyright, you are encouraged to notify Tip Jar in accordance with Tip Jar’s Copyright Policy. Tip Jar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tip Jar will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tip Jar or others. In the case of such termination, Tip Jar will have no obligation to provide a refund of any amounts previously paid to Tip Jar.
This Agreement does not transfer from Tip Jar to you any Tip Jar or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tip Jar. The Tip Jar logo, and all other trademarks, service marks, graphics and logos used in connection with Tip Jar, or the Website are trademarks or registered trademarks of Tip Jar or Tip Jar’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tip Jar or third-party trademarks.
From time to time Tip Jar may display advertisements on your contribution request page. This will be entirely at Tip Jar’s discretion.
Tip Jar reserves the right to display attribution links such as ‘powered by TipJar.ie,’ in your contribution request footer or toolbar. Footer credits may not be altered or removed.
Tip Jar may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Tip Jar account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Tip Jar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tip Jar nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Tip Jar, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tip Jar under this agreement during the twelve (12) month period prior to the cause of action. Tip Jar shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Tip Jar, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Tip Jar and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tip Jar, or by the posting by Tip Jar of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Ireland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Ireland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tip Jar may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Tip Jar reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tip Jar may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.