Terms of Service
Last Revised - April 30th, 2009
Welcome! By using GivingPal ("GivingPal"), you agree to be bound by the following terms and conditions (the "Terms of Use") with respect to this Web site, www.GivingPal.com (the “Site”).
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and service provided by or through the Site, and the subject matter of this Agreement.
User Content
All ownership rights to content you publish on GivingPal ( "Content") are retained by you. However, you grant GivingPal and its affiliates and sublicencees a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, change, adapt, publish, translate, create derivative works from, distribute, disseminate, and display such Content and the name associated with such Content throughout the world in any media. GivingPal may publish all or teaser portions of your Content online and offline and permit others to do the same. We ask that you refer or provide links to GivingPal if you choose to republish your Content elsewhere.
You represent and warrant that (a) GivingPal’s use of your submission(s) does not and will not breach any agreement, violate any law, or infringe any third party's rights; (b)you have all rights to enter into this agreement; (c) GivingPal and its affiliates and sub-licensees is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; (d) you grant GivingPal all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by GivingPal to anyone whatsoever; (e) the Content you supply is accurate and not misleading. GivingPal takes no responsibility and assumes no liability for Content posted, stored or uploaded on the Site, or for any loss or damage therto, nor is GivingPal liable for any mistakes, defamation, libel, slander, falsehoods, omissions, obscenity, pornography or profanity you may encounter on the Site. Although GivingPal has no obligation to monitor or edit the Content posted on the Site, GivingPal reserves the right, and has absolute discretion, to remove, monitor or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Participation by Non Profits
Participation with GivingPal is subject to approval. GivingPal
reserves the right to refuse participation to any organization,
including non profits, at any time and at its sole discretion.
Participation is limited to registered non profit organizations which
must maintain their valid status through the time of the scheduled
donation by GivingPal.
The non profit associated with a cause will receive donations from
GivingPal from purchase referrals in accordance with the listed give
back rates specified by GivingPal. GivingPal sends each charity a
check once a year providing the organization has accrued $20 or more in
referral earnings. If the organization has multiple causes the
cumulative sum of the earnings from associated causes will be donated.
If a charity earned less than $20, those funds will be allocated toward
featured organizations that have met the minimum earnings requirement
and at the discretion of GivingPal.
To guarantee proper payment, participants are exclusively responsible
for providing and maintaining up to date and accurate account
information including: EID, contact, mailing address and payment
information. Returned or cancelled check fees due to contact or
payment information error or omission may be deducted from future
payment. Participants agree to pay all applicable taxes or charges
imposed by any government entity in connection with their participation
in the Site. GivingPal may change its service and payment structure at
any time. If you dispute any payment made under the Program, you must
notify GivingPal in writing within thirty (30) days of any such
payment; failure to notify GivingPal shall result in the waiver by you
of any claim relating to any such disputed payment. Payment shall be
calculated exclusively based on records maintained by GivingPal. No
other records of any kind shall be accepted by GivingPal or have any
effect under this Agreement.
User Conduct
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that infringes or violates any intellectual property or other rights of any third party or that is defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or that contains private information of any third party;
e. Unsolicited promotions, advertising or solicitations;
f. Content that, in the sole judgment of GivingPal, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose GivingPal or its users to any harm or liability of any type, including without limitation any viruses, corrupted data or other harmful, disruptive or destructive files; and
g. Any link to another Site which is intended to generate revenues from any affiliate or similar program.
Any use of the Site in violation of the foregoing violates these Site Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. Any unsolicited ideas, works, or other materials, submitted by you are done so at your own risk and you acknowledge responisbility for and bear all risk as to the use or distribution of any such ideas, works, or materials. No purchases are necessary to be eligible for gift card giveaways, which are subject to change at anytime. To be eligible for gift cards you must invite other users to signup for GivingPal either through the signup process or thought the Tell a Friend tool through your My Area
GivingPal expressly prohibits the scraping of email or physical addresses from any GivingPal Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to GivingPal domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
Changes in Terms of Use
GivingPal may modify the provisions of our Terms of Use and services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We will alert you of changes by indicating the date the Terms of Use was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your consent to any changes in our Terms of Use. This Agreement may be amended at any time by us from time to time without specific notice to you, so please check back periodically for any updates or changes.
No Warranties
Given the nature of the Site, GivingPal can’t be responsible for either the use or the inaccessibility of the Site or services. GIVINGPAL PROVIDES THE SITE, THE SERVICES AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE (THE "CONTENT") "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIVINGPAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, GIVINGPAL DOES NOT WARRANT THAT (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. Please note that some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
You understand and agree that you use the Site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. In legal terms: UNDER NO CIRCUMSTANCES SHALL GIVINGPAL OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF, DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS AND COST OF PROCURING SUBSTITUTE TECHNOLOGY OR SERVICES, WHETHER OR NOT GIVINGPAL OR ITS AFFILIATES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE OR SERVICES OR WITH GIVINGPAL SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Please note that some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Other
These Terms of Use supersede any previous agreement and represent the entire agreement between GivingPal and you with respect to the Site. These Terms of Use are governed by the laws of the State of North Carolina without reference to conflict of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms of Use is adjudged illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GivingPal’s prior written consent. GivingPal may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications to any provision of these Terms of Use must be in a writing signed by both parties, except as otherwise provided herein. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.
Notices
Except as explicitly stated otherwise, any notices must be sent to GivingPal, LLC in English at the e-mail address below:
info@GivingPal.com
