This Agreement outlines the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.charitybids.org (the "Site") and the general principles for the websites of our subsidiaries and affiliates. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SERVICES.
CharityBids may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and CharityBids LLC. This Agreement is effective upon acceptance in registration for new registering users.
1 Membership Eligibility.
Our services are only available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended CharityBids members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your CharityBids account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2 Fees and Services.
Joining and bidding on items at CharityBids is free. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
3 CharityBids is a Venue.
CharityBids' role is to facilitate online fundraising events. We are not involved in the actual transaction between sellers and buyers, and, as such, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Therefore, we cannot guarantee that two parties will actually complete a transaction.
3.1 CharityBids is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow charities to offer and sell items during their "set auction dates", in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, or the ability of sellers to sell items.
3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, CharityBids cannot and does not confirm each user's purported identity.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release CharityBids (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe bidding practices when using the Site. Please note that there are also risks of dealing with people acting under false pretence. By using this Site, you agree to accept such risks and CharityBids is not responsible for the acts or omissions of users on the Site.
4 Bidding and Buying.
4.1 In order to bid on an auction, you must enter your credit card information. Charity Bids will validate the credit card and upon confirmation of validity will authorize bidding.
4.2 As a buyer, you are obligated to complete the transaction with the seller if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement. Upon auction close, you will have 48 hours to submit payment using the validated credit card used to authorize bidding or an alternative method of payment. In the event that you do not submit payment within this timeframe, you authorize Charity Bids to process payment using the validated credit card used to authorize bidding.
4.3 Condition of Sales. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Sellers reserve the right to edit or make changes to a lot's Description or Terms. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description or terms after you bid or a clear typographical error is made.
4.4 Risk of Loss. When the Seller delivers the lot to the shipper for shipment to the Buyer, title to the lot and risk of loss will pass to the Buyer. If the lot is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a lot back under the Conditions of Sale if the lot was damaged in transit (although Sellers are obligated to insure all items during transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer.)
4.5 Withdrawing Lots. The Site Provider reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Site. The Site Provider may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither the Site Provider nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of the Site Provider's withdrawal of any property prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason, including the Site Provider's decision to refuse to process the transaction, the Site Provider shall have the right to sell the property to the next highest bidder. In the event of similar bids, the earliest bidder at that level will be the successful Buyer. In all cases, Site Provider's determination of the successful Buyer will be final.
4.6 Closing Times. All closing times are decided by the SELLER using CharityBids' venue. Closing times are subject to change and may be changed at any time for any reason by the by the SELLER.
If you wish to donate an item to a fundraising event, you agree that: (a) CharityBids and/or the holder of the event cannot guarantee that the event will include your item in the event or that it will ultimately be sold; (b) CharityBids or the holder of the event may, in its discretion, change the description of the item or its assigned value without your approval; and (c) CharityBids or the holder of the event reserves the right to reject any item which is obscene, fraudulent, defamatory, in violation of law, or which would otherwise be offensive to other users. If the item does not sell in the event for which it was donated, the item will become the property of the event-holder. You should consult your tax advisor and/or the organization holding the event regarding the tax implications of your donation.
6 Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us or in the registration or bidding process, in any public message area or through any email feature. You are solely responsible for Your Information.
6.2 . Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items; (cc) are concurrently listed for sale on a web site other than CharityBids'; or (dd) you do not have a right to link to or include. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. The Site Provider will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Please notify CharityBids' webmaster at webmaster@CharityBids.org promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your log-in, password or any other personal information. Users are responsible for maintaining the confidentiality and security of this information.
8 . Access and Interference.
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to CharityBids by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of CharityBids and the appropriate third party, as applicable; or (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
The Site Provider has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Provider may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). The Site Provider may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as the Site Provider deems appropriate, including without limitation, contacting the individual using such card, cancelling bids or an offer to purchase placed by such user, and/or deactivating a Buyer's account.
Without limiting other remedies, we may limit your activity, immediately remove your bids, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
(i) The Site Provider is committed to protecting your privacy. Click here for our general Privacy Notice. The Privacy Notice may be changed by the Site Provider in the future. You should check the Privacy and Security Policy frequently for changes. Notwithstanding any provision of the Privacy and Security Policy, however, please note that:
(a) the Site Provider may share with its affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Site, and any other information it may obtain or possess regarding any user of the Site;
(b) the Site Provider reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties; and
(c) in order to cooperate with governmental requests, to protect the Site Provider's systems and customers and/or to ensure the integrity and operation of the Site Provider's business and systems, the Site Provider may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
By registering to sell or buy on the Site, you specifically authorize the Site Provider to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful Buyer.
(iii) Unless otherwise authorized or consented to by the Site Provider, you agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by the Site Provider, except to enter into and complete transactions on and through the Site. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment, invasion of privacy or otherwise objectionable conduct.
12. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
13. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AN AMOUNT NO GREATER THAN $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
16. No Agency.
You and CharityBids are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to CharityBids Attn: Legal Department 210 West 90th Street Suite 12B, New York, NY 10024 U.S.A. (in the case of CharityBids) or to the email address you provide to CharityBids during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to CharityBids during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. Resolution of Disputes.
In the event a dispute arises between you and CharityBids, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CharityBids agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the listed asking price or submitted the highest valid bid, received and accepted by the Site Provider, will be the Buyer. THE SITE PROVIDER IS LOCATED IN DELAWARE; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN DELAWARE, U.S.A. Buyer and Seller each waive the right to bring a claim in any court located outside Delaware, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder. The Site Provider reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bid or offer received by the Site Provider will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, the Site Provider will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises after the sale, the Site Provider's determination is conclusive. Please note that the Site Provider is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you may incur in connection with participating in a sale.
19. Additional Terms.
This Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CharityBids in accordance with Section 16 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 5.3 (License), 6 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Site Provider, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and the Site Provider, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Site Provider and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of the Site Provider or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
Either party may terminate these Terms if the other party violates these Terms in any important way.