The Site is an online marketplace where: (1) sellers list or post services or products for sale and (2) buyers purchase products for sale. In providing the services, CharityGiftMarket only provides the venue for buyers and sellers to find and engage in a transaction.
Any Seller on this site must be a 501(c)3 charity and must submit their EIN number verifying such, thereby, granting tax-exempt status to CharityGiftMarket prior to selling items on the site. The individual managing sales through the site must be an authorized representative of the 501(c)3 charity.
CharityGiftMarket is only providing a service. Hence, we are not involved in any transaction between any parties who use the Site. Please use caution, common sense, and engage in safe trading practices when using our Site.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
Items on this site may be copyrighted by CharityGiftMarket, its agents, employees, officers, subsidiaries, members or affiliates. This copyright may extend to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. You are prohibited from reproduction or republication of the Site content without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of CharityGiftMarket, the Site, affiliate or any third party.
We have authorized you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You are prohibited from modifying the materials at this Site in any way or reproducing or publicly displaying, or distributing or otherwise using them for any public or commercial purpose.
TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old. When signing up for our Services, you authorize CharityGiftMarket and Sellers, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from CharityGiftMarket, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
Non active account will be automatically closed. In the event of termination of your service agreement, sections: Exclusion Of Warranty, Limitation Of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
Descriptions of, or references to, products, charities, services or publications in the Site does not imply endorsement of that product, charity, service or publication. CharityGiftMarket makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
CharityGiftMarket makes no guarantee or warranty that the product reviews on the Site are accurate. All content and ratings are provided on a strictly as is basis and users must use their own judgment when deciding which products to purchase.
In the event that a product is mistakenly listed at an incorrect price, CharityGiftMarket reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CharityGiftMarket is not responsible for typographical or photographical errors. Product descriptions are provided by the product manufacturer therefore any inaccuracy in product descriptions should be addressed with the manufacturer. CharityGiftMarket reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CharityGiftMarket shall issue a credit to your credit card account in the amount of the incorrect price.
Your profile includes information such as, but not limited to, transaction history information, meessages from other users and account details. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate trading on CharityGiftMarket and you agree not to export or market your profile information or the profile information of other users in any other venue.
EXCLUSION OF WARRANTY:
CHARITYGIFTMARKET AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. CHARITYGIFTMARKET AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CHARITYGIFTMARKET WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER CHARITYGIFTMARKET OR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM CHARITYGIFTMARKET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
CharityGiftMarket assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall CharityGiftMarket or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non performance by CharityGiftMarket or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
User agrees to indemnify and hold harmless CharityGiftMarket, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use CharityGiftMarket’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to CharityGiftMarket’s DMCA Policy, which is herein incorporated by reference. We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
Harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; transmit "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”; solicit passwords or personal identifying information from other Users; use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site; circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site; that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; harass or advocate harassment of another person or User; provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;post or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual; further or promote any criminal activity or enterprise or provide any information about illegal activities;involve commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations; display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us; register for more than one Member account or register for a Member account on behalf of another individual, group or entity;impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity; include a photograph or video of another person that you have posted without that person's consent; post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;use or attempt to use another's account without authorization from us;violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; fail to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;fail to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other users' listings; circumvent or manipulate our fee structure, the billing process, or fees owed to CharityGiftMarket; take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to CharityGiftMarket); transfer your CharityGiftMarket member account (including feedback) and User ID to another party without our consent; export or re-export any CharityGiftMarket tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the CharityGiftMarket sites, service or tools or CharityGiftMarket 's copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
CharityGiftMarket and its affiliates do not claim ownership of the materials you provide to CharityGiftMarket (including feedback and suggestions) or post, upload, input or submit to any CharityGiftMarket or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CharityGiftMarket, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. CharityGiftMarket is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at CharityGiftMarket’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. CharityGiftMarket does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials.However, CharityGiftMarket reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CharityGiftMarket in its sole discretion.
FEES AND SERVICES:
The Fees Schedule is outlined on the Payment Terms page and is incorporated herein. In addition to payment processing fees, CharityGiftMarket will collect 5% of all sales made on this site. Sellers will receive payments for any of their products sold on a quarterly basis. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all charges applicable to your Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by CharityGiftMarket or a governmental authority from time to time in connection with the Services.
All software tools are proprietary tools of CharityGiftMarket and you have been granted the license to use them to facilitate your transaction. These tools are covered by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Payments between Sellers and Buyers and any payments made between Site Users outside of the Site's online marketplace are not under the control or jurisdiction of this Site. This Site will not refund any payments made to Site Users outside of the Site's online marketplace. If you make a payment to a User outside of this Site's online marketplace and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the User directly and attempt to negotiate and obtain a refund from this User.
PAYMENTS TO CHARITYGIFTMARKET:
Authorization To Credit And Debit Accounts. The CharityGiftMarket Payment Service requires User to pay with a credit card, wire transfer, ACH or debit card or check. You irrevocably and expressly authorize CharityGiftMarket to credit any monies to the account that you have identified for CharityGiftMarket . You irrevocably and expressly authorize CharityGiftMarket to withhold any monies and/or debit any monies from any account that you have identified to CharityGiftMarket for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to CharityGiftMarket. We reserve our rights to all actions and remedies in connection with any monies owed to CharityGiftMarket. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the TOU, by emailing to: email@example.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CharityGiftMarket to pursue legal action to enforce these Terms, you will be liable to pay CharityGiftMarket 's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CharityGiftMarket retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. CharityGiftMarket provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by CharityGiftMarket of the websites. Any third party desiring to link to the Site must link to the Site’s homepage located at www.CharityGiftMarket.com (or .org). No one may link to any other page of this Site without the prior written consent of the Site.
PROHIBITED AND RESTRICTED ITEMS:
CharityGiftMarket is only an online marketplace. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that buyers and sellers perform their own due diligence before conducting a transaction.
CharityGiftMarket is not involved in any transaction, and does not guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification". We have no liability in any transaction between a buyer and seller. We do not offer any buyer protection with regard to fraud, mislabeled items, broken items, illegal items etc. We do not provide seller’s protection in terms of escrow services. Although we would make commercially reasonable efforts to make smooth transactions between buyers and sellers, transacting parties acknowledge that CharityGiftMarket DOES NOT provide any buyer and/ seller protection and should NOT be held liable for any adverse claims thereto.
*Note: During the pilot phase, CharityGiftMarket will have limited involvement in transactions, forwarding orders to sellers to fulfill.
NO PARTNERSHIP OR AGENCY:
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and CharityGiftMarket as a result of use of the Site.
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. CharityGiftMarket makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
CharityGiftMarket may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, CharityGiftMarket cannot be held liable if we fail to notify you.
These Terms shall be construed in accordance with the laws of the State of New Jersey, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Camden County, New Jersey if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
By your use of this Site, you agree that:
2. You must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.