Mobile Application End User Sublicense Agreement

 

This Mobile Application End User Sublicense Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Islamic Relief USA (“IRUSA”). This Agreement governs your use of the IRUSA Sadaqah Application on your Mobile Device, including all related documentation, the “Application”. The Application is sublicensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, DOWNLOADING, INSTALLING OR USING THE APPLICATION (WHICHEVER IS APPLICABLE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. Sublicense Grant. Subject to the terms of this Agreement, IRUSA grants you a limited, non-exclusive, and non-transferable sublicense to:
    • download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
    • access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
  2. Sublicense Restrictions. You shall not:
    • copy the Application, except as expressly permitted by this sublicense;
    • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
  3. Reservation of Rights. You acknowledge and agree that the Application is provided under a sublicense, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the sublicense granted, and subject to all terms, conditions, and restrictions, under this Agreement. IRUSA and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, IRUSA may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy located at https://irusa.org/privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  5. Content and Services. The Application may provide you with access to IRUSA’s website located at https://irusa.org (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at https://irusa.org and https://irusa.org/privacy-policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
  6. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that IRUSA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. IRUSA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  7. Proprietary Content. You must respect the intellectual property laws protecting IRUSA’s Application content. Any content available through the Application, including software (whether downloadable or not), text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Proprietary Content”) is owned by IRUSA or a third-party licensor and protected by the intellectual property rights of IRUSA or its affiliates and/or third-party licensors, where applicable. Any third-party licensors that own content available through the Application have the right to directly enforce relevant provisions within these terms and conditions against you.
  8. Trademarks. IRUSA, the IRUSA logo and all other IRUSA product or service marks are trademarks of IRUSA. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Application are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Application is strictly prohibited.
  9. Distribution Content. A limited amount of content will be marked and authorized for you to share in your personal social channels (Facebook, Twitter, etc.) as part of your blog or other online commentary, analysis or review (“Distribution Content”). With respect to Distribution Content, IRUSA grants you a limited right to download, reproduce and distribute such content over the internet. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Application, such as display and distribution of Distribution Content only within specified usage dates. Distribution Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.
  10. User Accounts
    • User Account Creation. To use the Application, you must subscribe by creating a User Account on the Application (such users who create User Accounts hereinafter “Subscribers”). To create a User Account, and depending on the manner in which you access the Application, you may need to provide your email address, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your Mobile Device. IRUSA recommends that you use a strong password and limit its use to your User Account. IRUSA will not be liable for any loss or damage arising from your failure to comply with this Section.
    • By becoming a Subscriber, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; (c) all registration information you submit is truthful and accurate; (d) you will maintain the accuracy of such information; and (e) your use of the Application does not violate any applicable law or regulation.
    • Types of Subscriptions. Subscribers may sign up for a free limited version of the Application, or a paid subscription, which offer the full version of the Application. A paid subscription may be purchased through a mobile device application store. IRUSA offers monthly (30 calendar day) and annual (365 calendar day) paid subscription options.
      • Monthly Subscription. The Application’s monthly subscription plan is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that IRUSA is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription at least 24 hours before the next renewal each month in order to avoid billing of the next month’s subscription fee to the Payment Method You provided. Refunds cannot be claimed for any partial-month subscription period.
      • Annual Subscription. The Application’s annual subscriptions are paid for by an initial one-time payment with automatic annual renewal payments. You acknowledge and agree that IRUSA is authorized to charge the Payment Method used for the initial annual subscription fee at the rate applicable at the time of purchase (inclusive of all discounts). You must cancel your subscription at least 24 hours before the next annual renewal in order to avoid billing the next year’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-year subscription period.
    • Non-Renewal Option for Paid Subscriptions. You may discontinue auto-renewals of your paid subscription at any time by logging into your account and updating your account settings to non-renewal.
    • Individual Membership Purchases Subject to Device Restrictions. Please note that there may be additional limitations or restrictions on refunds imposed by your Mobile Device’s applicable mobile application store. Your purchase will be subject to any applicable payment policies of the provider from whom you purchase your subscription.
    • Changes to Payment Method. You agree to promptly notify IRUSA of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
    • General Payment Terms. All prices in US Dollars include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
    • Changing Fees and Charges. IRUSA may, at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to paid subscriptions. If you do not agree to the change, you may cancel your subscription in your account settings.
    • Cancellation by You.
      • Monthly Subscriptions. You may cancel your monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation through your account settings.
      • Annual Subscriptions. Please refer to and follow the policies of your applicable mobile application store to cancel the automatic renewal of your subscription.
    • Cancellation by Us. Any unauthorized use or violation of these terms and conditions immediately and automatically terminates your right to use the Application and may subject you to legal liability. We may suspend or terminate your use of the Application as a result of your fraud or breach of any obligation under these terms and conditions. Such termination or suspension may be immediate and without notice.
    • Marketing Communications.
      • As a Subscriber, you will receive access to certain sections, features and functions of the Application.By agreeing to become a Subscriber, you opt in to receiving occasional special offer and marketing-based communication emails. You can easily unsubscribe from these emails by following the opt-out instructions in these emails.
      • You can control some communications from the Application. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of using the Application and your account, and you may not be able to opt-out from receiving them.In addition, in connection with your use of the Services, you expressly consent to receiving communications from IRUSA via text messaging to your Mobile Device via the Application or SMS.
      • IRUSA reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms and conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to Subscriber support requests, or (v) protect the rights, property or safety of IRUSA, its Subscribers and the public.
  1. Geographic Restrictions. The Content and Services are based in the State of Virginia in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
  2. Updates. IRUSA may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that IRUSA has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Term and Termination.
    • The term of Agreement commences when you (i) download; (ii) install; or acknowledge your acceptance of the Application (whichever comes first) and will continue in effect until terminated by you or IRUSA as set forth in this Section
    • You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
    • IRUSA may terminate this Agreement at any time without notice if it ceases to support or license the Application, which IRUSA may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • Upon termination:
      • all rights granted to you under this Agreement will also terminate; and
      • you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    • Termination will not limit any of IRUSA’s rights or remedies at law or in equity.
  2. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IRUSA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IRUSA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IRUSA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IRUSA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless IRUSA and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
  2. Export Regulation. The Application may be subject to US export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
  3. Assignment by Us. IRUSA may transfer its rights and obligations under these terms and conditions to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these terms and conditions to anyone else. These terms and conditions are personal to you and no third party is entitled to benefit under these terms and conditions except as set out here.
  4. Notices. All notices given by you to us must be given to IRUSA at it@irusa.org. We may give notice to you at the email address you provide to us when you subscribed. Notice will be deemed received and properly served immediately when posted on the Application or when an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
  5. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
  6. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in Fairfax County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  7. Force Majeure. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Application, or for any failure or delay by us to comply with these terms and conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
  8. Entire Agreement. This Agreement and our Privacy Policy and Terms of Use constitute the entire agreement between you and IRUSA with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  9. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Islamic Relief USA is a 501 (c)(3) nonprofit organization (Tax ID# 95-4453134) | CFC# 10194 | Islamic Relief USA © 2022 | All Rights Reserved

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