Effective Date August 1, 2017
By using the Site, you agree that the purpose of the Site is to function as a political engagement social networking platform that is aimed at promoting good governance by providing a medium where individuals with political interests can share, engage and interact with each other or political organizations and leaders on issues they are passionate about. Through your use of the Site you will be able to communicate with other individuals or organizations and post content, videos, comments, and other material. This content comprises the “User Content.” By using the Site, you are posting the content to the Site and the Site will store a copy of your content.
The Site collects various types of information through your use of the site. Each type is outlined below.
Information that You Provide Directly to the Site:
- Information Collected
- This includes your username, password, email address, contact information, and any other information provided when you register for an account on the Site.
- Any display names or profile information that you provide to be displayed on your account.
- All User Content that you post to the Site including, but not limited to, videos, comments, photos, and other audio, video, or written materials.
- Any communications between you and the Site such as for technical support, security notices, or notices of changes to the Site. You cannot opt-out of Site-related emails.
- From time to time, the Site may use third-party analytics tools to collect data about trends in traffic and usage of the Site. This information will be aggregated and will not be traceable back to you individually.
- The Site may collect information about your activity on the Site including how you use the Site, how you interact with others on the Site, and data and statistics about your use of the Site. This information will be aggregated and used to help improve the App, and will not be traceable back to you individually.
- The Site collects information about the content you provide including any metadata associated with the content and when and the number of times your content is viewed by others.
- When you access the Site, we may gather device-specific information such as the type of device being used, the operating system and version, the browser being used, the language, the wireless network or mobile network information, phone number, or other unique device identifiers.
Cookies and Other Technologies
- We may collect information about your location including city, state, and country when you access the Site with your consent through method like GPS, cellular towers, Wi-Fi access points, and other wireless network information.
Log File Information
- Log file information is data that is generated and retained each time you use the App. This includes details like when you log in, your IP address, what device you are using, how you use the Site, pages and profiles you view, and crash reports.
All information collected through your use of the Site is to improve the Site and its service. We may use this information to: develop and improve our product; fix security issues; remove bugs; monitor usage; identify trends; personalize services for your account; improve our advertising content; verify your identity; and enforce our usage policies. While this list is not exhaustive, it is representative. Your information will only be used for the purposes of improving the Site and will not be sold or leased.
- HOW YOUR INFORMATION IS USED
We will never sell or lease your information to third parties. However, there are some instances where we share your information. These include:
- HOW YOUR INFORMATION IS SHARED
There are also instances when we may share information gathered from you in aggregate form with other data, in which case it will not be identifiable to you. Situations where this information may be shared include:
- Sharing your public profile information and User Content with other users of the Site, such as with potential candidates.
- Sharing any information you have specifically authorized us to share through in-Site prompts.
- Sharing content you post or upload to the extent of your User Content permissions. For example, sharing your information with a potential candidate as directed.
We may also be required to share your information for legal reasons if the disclosure is necessary to:
- With third party service providers we engage to help analyze our performance and improve our services.
- With potential advertisers to demonstrate our demographics.
Additionally, some features of this Site are made possible by the use of third party integrations, and your information may be shared with these third parties for the purposes of providing the services available on the Site.
- Comply with the applicable law, a government request, or legal proceedings.
- Investigating or enforcing any violations of the App usage policies.
- Protecting our rights and those of other users.
Your information will be stored in the United States or in any other country where the Site maintains servers. We use all commercially reasonable methods to secure your information and take all reasonable steps to verify your identity before providing access to your account. However, there is always a potential risk of inadvertent disclosure when transmitting information over the Internet and you agree to hold the Site harmless for any such disclosures or interference.
We will have access to your available content for as long as you are an active user of the Site. Should you deactivate your account, your content will be removed within a reasonable time. You may also delete or edit content you upload at any time.
Additionally, the Site may in its discretion purge content after a reasonable period of time. You should routinely save any content from the Site for your records. It is your responsibility to back-up this information and the Site assumes no responsibility for storing copies of your content. However, the Site may, in its discretion, retain content or information for the purpose of improving the Site.
- HOW YOUR INFORMATION IS STORED
You may limit our collection of information about your account in the following ways:
- OPTING OUT
- Disabling cookies on your browser
- Denying Site permissions (however, this will result in decreased functionality of the App)
- Unsubscribing from e-mail communication
- Updating your profile privacy settings
This Site is not intended for or directed at anyone under the age of thirteen (13) and this Site does not knowingly collect personal information from anyone under the age of thirteen (13). All users of this site expressly represent that they are at least eighteen (18) years of age and have the ability to enter into a binding agreement.
- CHILDREN’S PRIVACY
End user license agreement (EULA)
Please read this EULA carefully, as it sets out the basis upon which we licensed the Software Zuela for use.
Before you download Zuela from our website, we will ask you to give your express agreement to the provisions of this EULA.
By agreeing to be bound by this EULA, you further agree that you or any person you authorise to use Zuela will comply with the provision of this EULA.
1.1 Except to the extent expressly provided otherwise, in this EULA:
"Charges" means those amounts that the parties have agreed in writing shall be payable by the User to the Licensor in respect of this EULA;
"Documentation" means the documentation for Zuela produced by the Licensor and delivered or made available by the Licensor to the User;
"Effective Date" means the date of download and installation of Zuela, upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;
"EULA" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including but not limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and includes these specific intellectual property rights; copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs;
"Licensor" means Friends of Angola a company incorporated in United States, registration number 6558118 having its registered office at PO Box 21602 Washington DC 20009.
"Licensor Indemnity Event" has the meaning given to it in Clause 13.1;
"Maintenance Services" means the application to the Software of Updates and Upgrades;
"Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;
"Software" means the name and digital application Zuela;
"Software Defect" means a defect, error or bug in the Software having a material adverse effect on the appearance, operation, functionality or performance of Zuela, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the User or any person authorised by the User to use Zuela;
(b) any use of Zuela contrary to the Documentation by the User or any person authorised by the User to use Zuela;
(c) a failure of the User to perform or observe any of its obligations in this EULA; and
(d) an incompatibility between Zuela and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;
"Software Specification" means the specification for Zuela set out in the Documentation;
"Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create Zuela or decompiled from Zuela, but excluding interpreted code comprised Zuela;
"Support Services" means support in relation to the use of Zuela and the identification and resolution of errors in Zuela, but shall not include the provision of training services whether in relation to Zuela or otherwise;
"Term" means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
"Update" means a hotfix, patch or minor version update to Zuela;
"Upgrade" means a major version upgrade of Zuela;
"User" means the person to whom the Licensor grants a right to use the Software under this EULA; and
"User Indemnity Event" has the meaning given to it in Clause 13.3.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3.1 This EULA shall come into force upon the Effective Date.
3.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 15 or any other provision of this EULA.
4.1 The Licensor hereby grants to the User from download until the end of the Term a worldwide, non-exclusive license to:
(a) install a single instance of Zuela;
(b) use a single instance of Zuela in accordance with the Documentation; and
(c) create, store and maintain up to one back-up copy of Zuela, subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1.
4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any license granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute Zuela;
(b) the User must not alter, edit or adapt Zuela; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer Zuela.
5.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
- Source Code
6.1 The Licensor shall provide the Maintenance Services to the User during the Term.
6.2 The Licensor shall provide the Maintenance Services with reasonable skill and care.
6.3 The Licensor warrants to the User that the application of Updates and Upgrades to Zuela by the Licensor will not introduce any Software Defects into the Software.
6.4 The Licensor warrants to the User that the application of Updates and Upgrades to Zuela by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.
6.5 The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this EULA is overdue, and the Licensor has given to the User at least thirty (30) days' written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
6.6 Either party may terminate the Maintenance Services by giving to the other party at least thirty (30) days written notice.
6.7 If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to Zuela to its customers generally, then the Licensor may terminate the Maintenance Services to the User.
6.8 If the Maintenance Services are terminated in accordance with the provisions of this Clause 6:
(a) the provisions of this Clause 6, excluding this Clause 6.8, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.
- Maintenance Services
8.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
- No assignment of Intellectual Property Rights
9.1 The User shall pay any applicable Charges to the Licensor in accordance with this EULA.
9.2 All amounts stated in or in relation to this EULA are, unless the context requires otherwise, inclusive of any applicable value added taxes.
10.1 The Licensor shall issue invoices or an invoice for the Charges to the User
10.2 The User must pay the Charges to the Licensor in advance in accordance with this Clause 10.
10.3 The User must pay the Charges by debit card, credit card, direct debit, bank transfer using such payment details as are notified by the Licensor to the User from time to time.
10.4 If the User does not pay any amount properly due to the Licensor under this EULA, the Licensor may:
(a) charge the User interest on the overdue amount at the rate of 8% variable annual percentage rate based in the prime rate set by the U.S. Federal Reserve Bank. Such interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from the User pursuant to the Fair Debt Collections Practice Act.
11.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
11.2 The Licensor warrants to the User that:
(a) the Software as provided will conform in all material respects with the Software Specification;
(b) Zuela will be supplied free from Software Defects;
(c) Zuela will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and
(d) Zuela shall incorporate security features reflecting the requirements of good industry practice.
11.3 The Licensor warrants to the User that Zuela, when used by the User in accordance with this EULA, will not breach any laws, statutes or regulations applicable under United States, European Union, or other known regional or country law.
11.4 The Licensor warrants to the User that Zuela, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person.
11.5 If the Licensor reasonably determines, or any third party alleges, that the use of Zuela by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may at its own cost and expense:
(a) modify the Zulea in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) terminate the EULA if not able to appropriately modify the signature.
11.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
11.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
12.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that Zuela will be wholly free from defects, errors and bugs.
12.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that Zuela will be entirely secure.
12.3 The User acknowledges that Zuela is only designed to be compatible with the operating system specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other operating system.
12.4 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to Zuela; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that Zuela or the use of the Zuela by the User will not give rise to any legal liability on the part of the User or any other person.
- Acknowledgements and warranty limitations
13.1 The Licensor shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Licensor of this EULA (a "Licensor Indemnity Event").
13.2 The User must:
(a) upon becoming aware of an actual or potential Licensor Indemnity Event, notify the Licensor;
(b) provide to the Licensor all such assistance as may be reasonably requested by the Licensor in relation to the Licensor Indemnity Event;
(c) allow the Licensor the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Licensor Indemnity Event; and
(d) not admit liability to any third party in connection with the Licensor Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Licensor Indemnity Event without the prior written consent of the Licensor and the Licensor's obligation to indemnify the User under Clause 13.1 shall not apply unless the User complies with the requirements of this Clause 13.2.
13.3 The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA OR a "User Indemnity Event".
13.4 The Licensor must:
(a) upon becoming aware of an actual or potential User Indemnity Event, notify the User;
(b) provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;
(c) allow the User the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the User Indemnity Event; and
(d) not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User,
without prejudice to the User's obligations under Clause 13.3.
13.5 The indemnity protection set out in this Clause 13 shall not be subject to the limitations and exclusions of liability set out in this EULA.
14.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
14.2 The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this EULA:
(a) are subject to Clause 14.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
14.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
14.4 The Licensor will not be liable to the User in respect to any loss of profits or anticipated savings.
14.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
14.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
14.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
14.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
14.9 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the greater of:
(a) the total amount paid and payable by the User to the Licensor under this EULA in the twelve month period preceding the commencement of the event or events.
14.10 The aggregate liability of the Licensor to the User under this EULA shall not exceed the greater of:
(a) the total amount paid and payable by the User to the Licensor under this EULA.
- Limitations and exclusions of liability
15.1 The Licensor may terminate this EULA by giving to the User written notice of termination.
15.2 The User may terminate this EULA by giving to the Licensor not less than thirty (30) days' written notice of termination, expiring at the end of any calendar month.
15.3 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
(a) the other party commits any breach of this EULA ;
(b) the other party commits a breach and the other party fails to remedy the breach within the period of thirty (30) days following the giving of a written notice to the other party requiring the breach to be remedied.
15.4 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this EULA); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
15.5 The Licensor may terminate this EULA immediately by giving written notice to the User if:
(a) any amount due to be paid by the User to the Licensor under this EULA is unpaid by the due date and remains unpaid upon the date that written notice of termination is given; and
(b) the Licensor has given the User written notice following the failure to pay of its intention to terminate this EULA in accordance with this Clause 15.5.
15.6 The licensor will terminate the EULA immediately if the User posts objectionable content or engages in abusive behavior. Objectionable content is any content that demeans or degrades any person or depicts gratuitous violence toward persons or animals or gratuitous nudity. Abusive behavior is any content that threatens, harasses, demeans or degrades any person or group of people.
16.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 4.1, 10.2, 10.4, 13, 14, 16, 17 and 18].
16.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
16.3 Within thirty (30) days following the termination of this EULA for any reason:
(a) the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licenses in effect before the termination of this EULA; and
(b) the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Services that were to be (but are not) provided to the User after the termination of this EULA and in respect of licenses that were to be (but are not) in effect after the termination of this EULA, without prejudice to the parties' other legal rights.
16.4 For the avoidance of doubt, the licenses of Zuela in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use Zuela upon the termination of this EULA.
16.5 Within ten (10) Business Days following the termination of this EULA, the User must:
(a) return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing Zuela; and
(b) irrevocably delete from all computer systems and/ or mobile devices in its possession or control all copies of Zuela.
- Effects of termination
17.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
17.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3 This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
17.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any successor to all or a substantial part of the business of the Licensor from time to time. The User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
17.5 This EULA is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
17.6 Subject to Clause 14.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
17.7 This EULA shall be governed by and construed in accordance with United States law.
17.8 The courts of United States shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
18.1 In this EULA, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
18.2 The Clause headings do not affect the interpretation of this EULA.
18.3 References in this EULA to "calendar months" are to the twelve (12) named periods (January, February and so on) into which a year is divided.
18.4 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.