Please read this Agreement carefully before using the Project Reality Donation System (the &amp;amp;amp;amp;quot;Donation System&amp;amp;amp;amp;quot;). This is a legally binding agreement (the &amp;amp;amp;amp;quot;Agreement&amp;amp;am p;amp;quot;) between you (&amp;amp;amp;amp;quot;you&amp;amp;amp;amp ;quot;) and Project Reality (&amp;amp;amp;amp;quot;Project Reality&amp;amp;amp;amp;quot;). By using the Donation System, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement. Checking the Agreement checkbox is the equivalent of signing this contract and makes it legally binding.
II. Purpose of Donations
The sole purpose of accepting donations is to provide you a gateway to contribute monetarily to the Project Reality team in an effort to dampen the current out-of-pocket expenditures endured by the Project Reality developers. By using the Donation System, you understand and agree that you are making a voluntary, non-refundable donation towards Project Reality&amp;amp;amp;amp;#39;s infrastructure costs.
III. Capacity to Contract and Consideration
If you are an individual, you warrant you have valid legal capacity to enter into and perform your obligations under this Agreement. If you are a representative of a company or entity, you warrant you have the requisite power and authority to enter into this Agreement on behalf of the company or entity. In exchange for your donation through the Donation System, we will charge according to the amount you select. You should review your donation amount carefully before completing the transaction.
IV. Access and Limited License
A. As a donator, you are granted a limited, non-exclusive, non-assignable and nontransferable license to access and use the Project Reality forum with certain advertisements disabled. Additionally, you will receive recognition on the Project Reality forums in the form of a &amp;amp;amp;amp;#39;Supporting Member&amp;amp;amp;amp;#39; forum rank which will be displayed above your username.
B. Donating does not entitle you to any privileges in relation to ownership of any modification specific intellectual rights, assets, test builds, forum access, preferential treatment from Project Reality. As a donator, you are fully bound by our Forum Rules, Privacy Statement, Terms of Services and Disclaimer at all times.
This Donation System is subject to the privacy statement posted at http://www.realitymod.com/privacy.html
VI. Disclaimers of Warranties and Limitation of Liability
You acknowledge that
A. Project Reality is not responsible for
1. the content, quality, integrity, performance or any other aspect of the information provided or transmitted by this service;
2. errors or problems related to transmission of data;
3. any damages, consequential or incidental, arising out of use of this service.
B. You agree if you have a dispute with us or are dissatisfied with any aspect of our Donation System or any of the terms and conditions of your Agreement with us, registration and use of our service is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose.
C. You acknowledge and agree we have no obligation, liability or responsibility to you or any other party. Under no circumstances shall we have any obligation to refund any monies actually donated by you.
D. Project Reality and its suppliers make no warranties of any kind, express or implied, in connection with this service. We make no warranties of non-infringement, accuracy or completeness or any other warranties concerning the information accessible through our system. This service is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the user. There is no warranty that any information, our efforts, or the system meets any standards of merchantability or will fulfill any of particular purposes or needs even if we have been notified of your purposes or needs.
E. Project Reality makes no warranty of ability to deliver timely or accurate services.
In addition to indemnification or liability provisions in other sections of this Agreement, you hereby agree to indemnify, defend and hold harmless Project Reality, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney&amp;amp;amp;amp;#39;s fees and costs) of any nature whatsoever incurred or suffered by us (collectively the &amp;amp;amp;amp;quot;losses&amp;amp;amp;a mp;quot;), in so far as such losses (or actions in respect thereof) arise out of, are related to, or are based on or reasonably related to the breach of any representation, warranty, obligation or covenant agreed to by you in this Agreement. This clause shall also be effective against your heirs, assigns, or representatives.
VIII. Damages and Relief
You acknowledge your breach of any provision of Section IV (Access and Limited License) of this Agreement by you will constitute immediate and irreparable damage to Project Reality, which cannot be adequately compensated solely by money damages, and will warrant preliminary and other injunctive or equitable relief in addition to money damages. You also consent to the issuance of such equitable relief and agree no bond or other security shall be required for Project Reality to obtain any such equitable relief. This provision does not limit any other enforcement actions or remedies which may be available for breach of any provision of this Agreement.
IX. Modification Clause
Project Reality reserves the right to change the Agreement or policies regarding the use of the Donation System at any time and to notify you by posting an updated version of the Agreement on this website. You are responsible for regularly reviewing the Agreement.
X. Construction of this Agreement
A. The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.
B. The rights, remedies and obligations under this Agreement are cumulative. The exercise of any rights and remedies under this Agreement or any other Agreement shall not preclude or waive the right to exercise any and all other rights and remedies. A failure of a party, intentional or otherwise, to exercise in any instance any right under this Agreement or any other Agreement or law does not constitute a waiver of any rights related to any other instance. Any waiver of rights by Project Reality must be made in a signed writing by an authorized agent.
C. Severability and Substitution - If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
XI. Independent Investigation
You acknowledge that you have read this Agreement and freely and voluntarily agree to all its terms and conditions without modification. You have independently evaluated the desirability of entering into this Agreement and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.