User Agreement - Gifts For Humanity
GiftsForHumanity is an internet service that allows its users to learn about opportunities for charitable giving, and to make charitable donations.
GiftsForHumanity facilitates visitors’ donations to tax-exempt charitable organizations, qualified by the Internal Revenue Service under §501(c)(3) of the Internal Revenue Code.
Users of the GiftsForHumanity internet service may make charitable gifts to the nonprofit organization of their choice in honor of a special someone, in honor of a special occasion, or simply to help support a favorite cause or charity.
Its users may encourage other users to make charitable gifts for favorite causes or charities, and participate in other social networking services related to charitable giving. Its users may also send greeting cards or token gifts to memorialize the charitable gift and help express the user's sentiments. Additional services related to charitable giving may be available to its users, and new services for charitable giving will become available to users from time to time.
CONDITIONS OF USE
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices. Among other things, our Privacy Notice provides that your personal information may be collected by us, but we will not sell, transfer or share your personal information with any third parties, including without limitation, any charitable organizations found on our Website, without your consent.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DONATIONS AND GIFTS BY USERS
Users of the Website may make charitable donations to various nonprofit organizations and schools. GiftsForHumanity will provide, on behalf of the nonprofit or school, receipts to users for all such charitable donations. All charitable donations made by users of the Website are irrevocable.
The full amount of Donations and of optional greeting card purchases (including the postage stamp and sales tax) made through the GiftsForHumanity website are paid directly to the PayPal account of the designated nonprofit organization or school, which, in turn, automatically forward to the GiftsForHumanity PayPal account the GiftsForHumanity transaction fee and greeting card purchase amount.
Users of the Website, who make these charitable donations, may recommend to the nonprofit organization or school that their donations fulfill a specified charitable purpose.
Donors may also elect that special greeting cards or gift items be sent to the honoree to memorialize their donations, but (unlike the donations themselves) such greeting cards or gift items are not tax-deductible for United States taxpayers. Such greeting cards or gift items are sold and distributed by GiftsForHumanity.
Donors remain liable and responsible for any fees, charges and expenses of credit card companies and financial institutions, in connection with the processing of Website donations, other than merchant charges from these credit card companies and financial institutions (which are covered by the Processing Fees). Such other fees, charges and expenses, which donor remains liable and responsible for, may include fees and charges to consumers with respect to their credit or debit cards, and fees and charges in the nature of charge-backs for bank errors, consumer voided or disputed transactions, insufficient or disallowed funds or credit.
Website users or any other persons or entities may not use, utilize or appropriate, in any manner, any such Intellectual Property, for any purpose, for any time period, without the express written consent of GiftsForHumanity (or in the case of Intellectual Property of others featured on the Website, such as the featured charitable nonprofit organizations and schools, the express written consent of such other applicable party), which consent may be withheld or conditioned by GiftsForHumanity (or such other applicable party) at its sole discretion. Uses of our Intellectual Property (or such other applicable party, including without limitation featured charitable nonprofit organizations), including without limitation trademarks, trade names and trade dress in any manner which disparages, discredits, or defames GiftsForHumanity (or such other applicable party), or are likely to cause confusion among users of the Website, are especially discouraged, disfavored and prohibited.
Please review our Intellectual Property Notice, which also governs your visit to the Website, to understand the reservation of Intellectual Property in favor of GiftsForHumanity.
GiftsForHumanity further disclaims any liability or responsibility for Intellectual Property (or other content) provided by others on the Website, including without limitation the nonprofit organizations and schools that are featured on our Website, users, or other content providers.
LICENSE AND SITE ACCESS
GiftsForHumanity grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GiftsForHumanity. To the extent that the Website specifically permits downloading, or to the extent that the Website specifically allows other personal uses of this Website or any portion thereof, then no further consent of GiftsForHumanity for the specific downloading or other uses is required, provided however, that all such uses are personal to the user, and not for redistribution or republication or display.
This license does not include any resale or commercial use of this Website of its contents; any use for other nonprofit or charitable purposes or its contents; any collection and use of any charitable donation opportunities or product listings, or their descriptions, or their prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another nonprofit organization or any merchant or general association; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any nonprofit or commercial purpose without express written consent of GiftsForHumanity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GiftsForHumanity and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing GiftsForHumanity’s trade names or trademarks without the express written consent of GiftsForHumanity.
Any unauthorized use terminates the permission or license granted by GiftsForHumanity.
GiftsForHumanity expressly reserves the sole right and sole prerogative to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Website so long as the link does not portray GiftsForHumanity its affiliates, or their products or services in a false, misleading, derogatory, disparaging, discrediting, defamatory or otherwise offensive matter. You may not use any GiftsForHumanity logo or other proprietary graphic or trademark as part of the link without express written permission.
Any consent requested of GiftsForHumanity may be withheld, conditioned, delayed or revoked at our sole discretion.
THIRD PARTY WEBSITES
This Website may provide links to other websites that are not maintained by GiftsForHumanity. These links are provided only as a convenience to users.
GiftsForHumanity is not responsible for the content, products, services or policies or activities of those websites. The inclusion of any link to any such website does not imply endorsement by GiftsForHumanity, Inc. of such website.
You must register on the Website and open a user account to use certain features on the Website. You are responsible for maintaining the confidentiality of your password and other information associated with your account and for all activity under your account, and for restricting access to your computer, your password and your account. Please notify GiftsForHumanity immediately if you suspect or have become aware that anyone may have gained unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.
GiftsForHumanity does offer its charitable donation opportunities and associated products and services for children, but it sells them to adults, who can purchase them for children provided they have the capacity to act on the child's behalf as a parent, guardian or other authorized legal representative or custodian. If you are under 18, you may use the Website only with involvement of a parent or guardian.
GiftsForHumanity and its affiliates reserve the right to terminate accounts, remove or edit content, cancel donations or associated purchases, or otherwise refuse Website service or access, in their sole discretion.
COMMENTS, COMMUNICATIONS, AND CONTENT
To the extent provided as goods and services offered by the Website (but only to such extent, and GiftsForHumanity specifically reserves the right to add or delete such goods and services offered), users may (a) post reviews, comments, and other content, (b) send e-cards, emails, electronic messages, greeting cards and other communications including to third party honorees of donation gifts, and (c) submit suggestions, ideas, comments, questions, or other information, so long as, in each case, the content is not illegal, tortious, obscene, lewd, threatening, defamatory, violent, harassing, sexually explicit, invasive of privacy, infringing of intellectual property rights, false, misleading, misrepresentative, commercially-oriented, or otherwise injurious to third parties or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (all such forms of prohibited content being collectively described as "Prohibited Content").
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity on the Website, or in the origin of a donation gift, greeting card or other content posted on the Website or created or modified through the Website (all such forms of prohibited user identification being collectively described as "Prohibited Identification"). For certain purposes, you may however choose to remain anonymous or utilize a pseudonym, provided that your pseudonym does not create the impression that you are some other actual person (and further provided that your pseudonym does not violate the Intellectual Property of another person or entity, as would or might be the case in the use of fictionalized characters as pseudonyms). GiftsForHumanity reserves the right (but not the obligation) to remove or edit such content, seek legal remedies for any such Prohibited Content or Prohibited Identification, or notify law enforcement personnel of any such Prohibited Content or Prohibited Identification. GiftsForHumanity disclaims any obligation to regularly review posted content or posted user identification.
To the extent that users violate the foregoing prohibitions against user-generated content and/or user identification, GiftsForHumanity expressly disclaims any and all liabilities or responsibilities with respect to such user-generated content or user-generated identification, and users specifically agree that GiftsForHumanity shall bear no liability or responsibility for any Prohibited Content or Prohibited Identification.
GiftsForHumanity also expressly reserves the sole right and sole prerogative to reject, refuse to post, delete or remove any user-generated content or posting by you (including without limitation Prohibited Content or Prohibited Identification), or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
If you do post content or submit material, and unless we indicate otherwise (including the limitations on our use of your posted content and submitted materials, which follows this sentence), you grant GiftsForHumanity and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and further, you grant GiftsForHumanity and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. Notwithstanding the foregoing, GiftsForHumanity does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Website, and after posting such content to the Website (collectively, "Your Content"), you continue to retain all ownership rights in Your Content.
By displaying or publishing Your Content on or through the Website, you hereby grant to GiftsForHumanity a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content solely on and through the Website, or such third party promotional, public relations and advertising materials and media as GiftsForHumanity utilizes with respect to the Website.
You represent and warrant that you own or otherwise control all of the rights to Your Content (including, for this context, any pseudonym you utilize, which shall be deemed content); that Your Content is accurate; that use of Your Content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold GiftsForHumanity or its affiliates harmless from and against all claims, losses, liabilities, legal proceeding, damages, costs and expenses (including without limitation reasonable attorneys' fees and disbursements) resulting from Your Content. In furtherance of the foregoing, by posting Your Content, you represent and warrant that: (i) you own Your Content or otherwise have the right to grant a license for GiftsForHumanity to utilize Your Content, and (ii) the posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content being posted by you to or through the Website (or apart from the Website in any materials and media as otherwise specifically provided herein).
GiftsForHumanity has the right but not the obligation to monitor and edit or remove any activity or content. GiftsForHumanity takes no responsibility and assumes no liability for any content posted by you or any third party, regardless of whether such content is or is not Prohibited Content or Prohibited Identification.
GiftsForHumanity and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
Further, GiftsForHumanity may utilize a carrier to ship such purchased goods. The risk of loss and title to these goods will pass to you upon GiftsForHumanity’s delivery to this carrier. GiftsForHumanity will advise users of the carrier provided, which may change from time to time, or at any time.
Users are solely responsible for the accuracy of shipping information with respect to delivery of greeting cards, gifts and other products memorializing such donation gifts. Users shall bear all risk of loss, and additional costs associated with inaccurate shipping information.
DONATIONS AND PRODUCTS: DESCRIPTIONS AND PRICING
GiftsForHumanity and its affiliates attempt to be as accurate as possible in its description and pricing of donation opportunities and greeting cards, gifts and other products memorializing such donation gifts. However, GiftsForHumanity does not warrant that product descriptions or pricing, or other content of this site is accurate, complete, reliable, current, or free of errors, and GiftsForHumanity relies on the nonprofit organizations and schools submitting donation opportunities and the businesses providing other goods or services.
All donations made are irrevocable when made. However, if a product offered by GiftsForHumanity is itself is not as described, or mispriced, your sole remedy is to return it in unused condition.
GiftsForHumanity welcomes user input regarding the accuracy of all such descriptions and pricing, as additional means of assuring the accuracy of donation opportunities and products memorializing such donation gifts.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GIFTSFORHUMANITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTSFORHUMANITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFTSFORHUMANITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIFTSFORHUMANITY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GIFTSFORHUMANITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIFTSFORHUMANITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Website you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GiftsForHumanity or its affiliates.
STATE NOTICES REGARDING CHARITABLE SOLICITATON
Certain States may require specific notices regarding charitable solicitation in their States. Each nonprofit or school appearing on the Website is responsible for any such notices or registrations and is responsible for complying with the requirements of each State, to the extent not preempted by Federal law.
USERS SHOULD NOTE THE FOLLOWING PROVISION, WHICH CONTAINS A BINDING ARBITRATION PROCEDURE, AND SELECTION OF FORUM AND VENUE, AMONG OTHER PROVISIONS.
Any dispute relating in any way to your visit to GiftsForHumanity or to products you purchase through the Website shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate GiftsForHumanity’s intellectual property rights, GiftsForHumanity may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
401 7th Avenue
Office level B
New York, NY 10001
- STATEMENT OF TRANSACTION FEES
- INTELLECTUAL PROPERTY NOTICE
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT PROCEDURE
This policy covers how GiftsForHumanity treats personal information that GiftsForHumanity
collects and receives, including information related to your past use of GiftsForHumanity
products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies or organizations that GiftsForHumanity does not own or control, or to people that GiftsForHumanity does not employ or manage. This policy does, however, apply to ChangingThePresent.org and ImportantGifts Inc., which performs certain services for the Website and which collaborate with GiftsForHumanity.
GiftsForHumanity does not currently participate in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union, but GiftsForHumanity may participate in such program in the future.
GiftsForHumanity will share donor information with the nonprofit organizations and schools soliciting donations through the Website.
Information Collection and Use
GiftsForHumanity may collect personal information when you register with GiftsForHumanity, when you make a donation or purchase any of the GiftsForHumanity products or services, or when you visit Website pages or the pages of certain GiftsForHumanity partners or affiliates. GiftsForHumanity may combine information about you that we have with information we obtain from other nonprofit organizations, or from ImportantGifts Inc. and WellGood, LLC, which administer the ChangingThePresent.org Website.
When you register with GiftsForHumanity we ask for certain personal information about you. Accordingly, once you register with GiftsForHumanity and log in to our services, you are not anonymous to us.
GiftsForHumanity may collect information about your charitable donations, favored causes or charities, favored donation items, and greeting card or gift preferences. This list of personal information that may be collected about you on the Website is by no means exclusive.
GiftsForHumanity may also automatically receive and record information on our server logs from your browser, including your IP address, cookie information and requested page information.
How Secure Is Information About Me?
GiftsForHumanity uses any collected personal information for the following general purposes: to help customize content you see, fulfill your requests for products and services, improve our services, contact you, conduct research. GiftsForHumanity may also use this information, on an anonymous reporting basis, for the benefit of other charitable organizations or governmental agencies.
Children will not have access to the Website, without parental permission. Once such parental permission is received, then information will be collected on the same basis as adults.
GiftsForHumanity does not rent, sell, or share personal information about you with other people, companies or other nonprofit organizations, unless you specifically provide your permission to GiftsForHumanity.
GiftsForHumanity may set and access GiftsForHumanity cookies on your computer.
GiftsForHumanity does not store credit card information. All credit card and debit card information is received only by PayPal, which processes transactions on the Website.
It is important for you to protect against unauthorized access to your password and to your computer.
You can delete your GiftsForHumanity account upon written request.
Collaboration with ImportantGifts Inc.
GiftsForHumanity may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your GiftsForHumanity account or by placing a prominent notice on our Website.
If you have questions or suggestions, contact us at:
401 7th Avenue
Office level B
New York, NY 10001
Effective Date: October 1, 2016
STATEMENT OF TRANSACTION FEES
The transaction fee, as of October 1, 2016, is 5% of the amount of the donation. In addition, PayPal will charge the nonprofit organizations and schools for processing the transactions.
INTELLECTUAL PROPERTY NOTICE
Links to web sites other than this Website are offered as a service to our users. GiftsForHumanity is not responsible for their content.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT PROCEDURE
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GiftsForHumanity the written information specified below. Please note that this procedure is exclusively for notifying GiftsForHumanity and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GiftsForHumanity's copyright agent for notice of claims of copyright infringement on its Website can be reached as follows:
401 7th Avenue
Office level B
New York, NY 10001