GivingSomeThing, Inc. Terms and Conditions

GivingSomeThing, Inc. Terms and Conditions

User Agreement
Modification of Terms of Use
Eligibility
Visitors Protection
Users Protection
Site Protection
Limitations of Liability
Nonprofit Provisions
Nonprofit Responsibilities
Discontinuation
Contact Us

GivingSomeThing, Inc. Terms and Conditions

User Agreement

GivingSomeThing, Inc. (hereafter “GivingSomeThing”, “we”,“us”, and “our”) requires that all visitors and account holders (hereafter “users,” “you and “your”) of its site, GivingSomeThing.com, and its other sites and Wishlists (hereafter “sites”), comply with all of the terms and conditions in this User Agreement. Your use of the website www.GivingSomeThing.com signifies your agreement, without modification, to all terms and conditions. Your use of these sites is prohibited except as allowed by this User Agreement. By accepting the terms of this User Agreement, you also agree to our Privacy Policy.  PLEASE READ THESE TERMS CAREFULLY.

Modification of Terms of Use

GivingSomeThing reserves the right to revise the terms and conditions under which the site is offered. The use of GivingSomeThing.com is at your sole risk.

Eligibility

By using GivingSomeThing.com and its other sites you certify that you are 18 years or older. In creating a nonprofit account or attempting to edit or modify a nonprofit account it is a violation of these terms and conditions to falsely claim to be a member or representative of a nonprofit.
The Sites are provided on an 'as is' and 'as available' basis without any warranties of any kind.  To the fullest extent permitted by law, we disclaim all warranties, including the warranty of merchantability, non- infringement or third party rights, and the warranty of fitness for a particular purpose.

ANY CONTACTS YOU MAKE WITH ANOTHER PERSON OR ENTITY, OR DECISIONS YOU MAKE FACILITATED THROUGH THE SITES ARE STRICTLY ON YOUR OWN. YOU MUST DO YOUR OWN DUE DILIGENCE AND USE YOUR BEST JUDGMENT.

THE USE, POSTING, DISTRIBUTION, OR PUBLICATION ON THE SITES OF ANY LISTING, CONTENT OR INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, ADVICE, OPINION OR COMMENT BY GIVINGSOMETHING NOR AN ASSURANCE OF LEGALITY, QUALITY OR SAFETY BY GIVINGSOMETHING.  WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY OTHERS, INCLUDING OTHER USERS OF THE SITES.  WE SHALL NOT BE RESPONSIBLE FOR ANY TRANSACTION MADE, CONTENT POSTED, OR OTHER COMMUNICATIONS MADE BY ANYONE POSTING INFORMATION OR OFFERING SERVICES ON THE SITES.

Users Protection

Users who post Wishlists on GivingSomeThing.com are responsible for the provision of an in-kind donation acknowledgement at the request of a donor. Users are responsible for their sites and the confidentiality of their username and password. As a user representing a nonprofit you certify that all content, including products and images, on your site is of an appropriate nature and that all requested goods are for the explicit use of the represented nonprofit.

Site Protection

As a visitor or user of the site you attest that all information submitted is truthful and accurate and that you have the right to post all such information and material. As the user responsible for the creation, modification or edition of a nonprofit page and all its contents you confirm that all material postings to your Wishlist are for the direct need of the nonprofit on whose site the Wishlist is posted. GivingSomeThing reserves the right to modify or terminate any account without notice given reasonable cause or suspicion. We also reserve the right to restrict access to the sites in any manner considered appropriate. GivingSomeThing is not resposible for the fulfillment of any WishList or for the donation activity of any Site.

Limitations of Liability

GivingSomeThing does not guarantee the accuracy of its sites. GivingSomeThing and its employees, agents and affiliates are not liable for any damages resulting from the use or inability to use the Sites whatsoever including but without limitation to direct, indirect, incidental, or consequential damage, and by using the sites you hereby release such persons from any claim or liability. By using the site you agree that GivingSomeThing will not be liable for any damages caused by any failure of performance, network, computer and equipment, and/or computer viruses. Your use of this site and implicit agreement to this User Agreement is predicated on your waiver of any right to sue GivingSomeThing or any of its affiliates and to participate in any class action suit for any losses or damages resulting from your use of these sites.

Nonprofit Provisions

By submitting a Wishlist you promise that:
1. You have been appointed by the nonprofit to manage and edit the Site.
2. All products added to the WishList are for the explicit use of the nonprofit to meet the critical needs of the nonprofit.
3. You are solely responsible for your submissions, including the legality and appropriateness, and GivingSomeThing is free of any liability associated with your Site.

Nonprofit Responsibilities

As a nonprofit representative you are responsible for the use and maintenance of the confidentiality of your user ID and password. You are also responsible for all Site maintenance and updates. You also ensure that all product use descriptions are truthful and accurate and that all photographs and other materials posted on your Site are appropriate for the viewing of all Donors.

GivingSomeThing may occasionally send you emails with important information regarding your Site. Even in the case that you “unsubscribe” to the updates, you understand that it is your responsibility to be aware of the information contained in these emails.

GivingSomeThing reserves the right to deny registration to nonprofits that do not possess officially recognized 501(c)3 or charity status.

Copyright, Trademark and Other Restrictions

The Sites and their contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Sites (collectively, the "Material"), are protected by copyright under United States and foreign laws. All rights reserved.  Unauthorized use of the Material may violate copyright, trademark, and other laws.  You may view and download a single copy of content on the Website solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement.  Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by GivingSomeThing. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

GivingSomeThing™, the GivingSomeThing™ logo and other marks are tradenames and trademarks of GivingSomeThing.  You may not use GivingSomeThing’s tradenames or trademarks in connection with any product or service that is not offered by GivingSomeThing, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits GivingSomeThing.  Other trademarks, product names and company names or logos used on the Sites are the property of their respective owners.

Except as specifically authorized in advance by GivingSomeThing, users may not use any robot, spider or other automatic device or process to monitor or copy any portion of the Sites.

Infringement Notices

It is our policy to respond to claims of intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site: info@givingsomething.com.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Discontinuation

You may terminate this User Agreement by absolving all materials obtained by the Sites and cancelling your account. GivingSomeThing may discontinue this User Agreement at any time for any reason in its sole judgement, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Site and stop all use of the Site.

Governing Law and Jurisdiction

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where GivingSomeThing has its principal place of business. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Contact Us

If you have any questions about the Sites or this User Agreement you may contact us via email at info@givingsomething.com. We welcome all comments and suggestions.