Helping Buyers and Sellers Support their Charity of Choice!
Terms and Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. YOUR CONTINUED USE OF THE WWW.LOVEMYCHARITY.COM WEBSITE SHALL BE DEEMED AN UNEQUIVOCAL AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS ANY OTHER POSTED RULES OR GUIDELINES CONTAINED ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PLEASE PROMPTLY EXIT THIS SITE.
For purpose of these Terms and Conditions, the terms “you,” “your” and similar terms refer to the specific user of the Site, jointly and severally, in his or her capacity as an individual, as well as in his or her capacity as an authorized representative of his or her respective nonprofit or other organization, for which he or she warrants and represents he or she has the power and authority to bind as provided for herein.
I. RESTRICTIONS ON USE, GENERALLY
All pages within the website (www.lovemycharity.com) and any material made available for download (collectively the "Site") are the sole property of SBL Services, Inc. (d/b/a lovemycharity.com) (hereinafter referred to as "lovemycharity.com”) and/or its affiliates. The Site is protected by federal and international laws governing copyrights, trademarks, service marks, patents and/or other proprietary rights, and nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof.
No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of lovemycharity.com. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these Terms and Conditions (as further defined below), “Content” shall mean any information, communications, software, photos, videos, graphics, music, sounds, text, logos, images, button icons, and any and all other material and service that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions contained herein, all users of the Site agree that all Content presented to users of the Site is the property of lovemycharity.com and its content suppliers.
From time to time, lovemycharity.com may revise or modify these Terms and Conditions by posting revisions thereto without prior notice or consent from you or other users of the Site; you will be bound by the revised Terms and Conditions for all subsequent uses of this Service after such modifications have been made. As such, you are encouraged to review the Terms and Conditions of the use of the Site and regarding the Service provided by lovemycharity.com on each visit. Your failure to do so will in no way affect the validity of the terms hereof, and your continued use of the Site will be deemed an agreement to such revised Terms and Conditions regardless of such revisions or modifications. YOUR CONTINUED USE OF LOVEMYCHARITY.COM'S SITE FOLLOWING OUR POSTING OF ANY MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE THEREOF. IF YOU DO NOT AGREE TO ANY CHANGES TO THE TERMS AND CONDITIONS, DO NOT CONTINUE TO USE THIS SITE.
II. LINKS TO AND FROM THE SITE
By posting a website address to an outside website (including, but not limited to, a hyperlink), you hereby grant to lovemycharity.com a nonexclusive, worldwide, perpetual, royalty free license to reproduce and publicly display any images associated with such link on this Site and to reproduce, distribute, perform and display, in whole or in part, the content from such posted website on, from and in connection with, this Site. Further, by posting a website address (including, but not limited to, a hyperlink), you hereby warrant and represent that such website: (i) does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other rights; (ii) that the website does not violate the laws, statutes or regulations of any jurisdiction; and (iii) that the website does not contain any material which is harmful, pornographic, abusive, hateful, obscene, threatening, or defamatory or which encourages illegal activities or racism or promotes software or services that deliver unsolicited e-mail.
lovemycharity.com makes no representations, warranties or guarantees whatsoever about any other website that you may access though this Site, including but not limited to those websites which may be posted by other users of the Site. As such, when you access an outside website (which for purposes of these Terms and Conditions shall mean any website not attributed to and maintained by lovemycharity.com), please understand that it is independent from lovemycharity.com, and that lovemycharity.com has no control over the content on that website nor does lovemycharity.com make any warranties or representations concerning the contents, or accuracy thereof, of such outside websites. In addition, a hyperlink to an outside website does not, in any way, indicate that lovemycharity.com endorses or accepts any responsibility for the content or the use of such outside website. It is up to you to take precautions to conduct such necessary investigations or examinations to ensure that whatever outside websites you visit, or any materials that you select for your use or download are free of defects such as viruses, worms, trojan horses, and other items of a destructive nature, as lovemycharity.com is under no obligation to conduct such investigations and will not conduct such investigations and/or examinations. Accordingly, lovemycharity.com encourages users of the Site to exercise caution when visiting outside websites, and to review the terms and conditions and privacy policies of such outside websites.
In addition to the above, notwithstanding the posting of a link to this Site on any outside website, lovemycharity.com retains all rights in the Site, including, but not limited to its intellectual property rights, which include, but are not limited to, any and all current and future worldwide trademarks, patents and patent rights, utility models, copyrights, mask work rights, trade secrets, and all other intellectual property rights and the related documentation or other tangible expression thereof.
III. DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL AND/OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOVEMYCHARITY.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED. LOVEMYCHARITY.COM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
1. Disclaimer of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that lovemycharity.com is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and lovemycharity.com reserves the right to remove such materials from the Site without liability. Further, you agree to indemnify lovemycharity.com and its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns from any and all claims, actions, demands, damages, debts and/or liabilities, which are made against lovemycharity.com or any of its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns by any third party arising from or relating to your defamatory, offensive, infringing or illegal materials or conduct.
Although lovemycharity.com attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and/or alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform lovemycharity.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.
2. Disclaimer of Liability for Products Purchased from Third Party Sellers Using the Site
lovemycharity.com’s responsibility for defects relating to the products and services purchased or auctioned from third party sellers through the Site is expressly limited to the fullest extent permissible by law. Specifically, by using the Site, you agree that you will not hold lovemycharity.com responsible for any actions or inactions of the other users of the Site, or for the sale or auction of allegedly fake products or items. Further, lovemycharity.com is not the seller of any of such products and is merely facilitating the sales and auctions taking place on the Site.
ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THIRD PARTY SELLERS USING THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE FROM THIRD PARTY SELLERS ON THE SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN AD-VISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT OF FEES PAID TO LOVEMYCHARITY.COM (IF ANY) FOR THE USE OF THE SITE, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Legal ownership of auction lots, items, experiences and packages is not transferred from the seller to the buyer via lovemycharity.com or via the Site, and nothing contained in these Terms and Conditions shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Any dispute between you and lovemycharity.com that cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and lovemycharity.com mutually agree upon in writing; such agreement not to be unreasonably withheld by either party. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to lovemycharity.com, for which monetary damages would be an inadequate remedy. Accordingly, lovemycharity.com has the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights to intellectual property or confidential or proprietary information without first trying to resolve such issue by means of mediation or arbitration.
IV. GENERAL TERMS AND CONDITIONS
1. Applicable Law
By accessing and using the Site, you agree that the laws of the State of California govern that access and/or use as well as this agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
lovemycharity.com grants a limited license to each user of the Site to make personal use only of the Site in accordance with these Terms and Conditions. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the lovemycharity.com website (other than the buying, selling and auctioning of items in accordance with this agreement), making any derivative of the lovemycharity.com website, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
If you believe that you have been defamed in some manner by the Site or your own work has been copied in a way that constitutes copyright infringement, please immediately contact our Support Team and provide the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and e-mail address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on our website; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party, copyright owner or authorized agent on the copyright owner's or allegedly defamed person's behalf.
5. Disclosure of Information
As permitted by applicable law, lovemycharity.com 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. In order to cooperate with information requests, to protect lovemycharity.com’s systems and customers, to allow users of the Site to resolve disputes, or to ensure the integrity and operation of lovemycharity.com's business and systems or other purposes deemed reasonable by lovemycharity.com, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, IP addresses and traffic information, usage history and posted content.
6. No Waiver
lovemycharity.com's failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of lovemycharity.com’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Charity User Agreement
Hereinbelow, nonprofit organizations visiting this Site may be referred to as “you,” “your organization,” or “Participating Nonprofit Organization” (as defined below).
1. Become a Member
A. To join the lovemycharity.com community as a nonprofit organization, you must meet all requirements of tax-exemption for public charities as set forth by the Internal Revenue Service (under Section 501(c)(3) and related sections of the Internal Revenue Code) and you must use all donations received through lovemycharity.com-based transactions in accordance with the regulations governing 501(c)(3) exempt organizations.
B. Your organization will enter into a written contract with lovemycharity.com which will explain the services to be rendered, and other related specific terms of our relationship (the “Nonprofit Organization Agreement”). You should read the Nonprofit Organization Agreement carefully prior to signing, as it contains important terms, including, but not limited to, those related to the cancellation or termination of lovemycharity.com’s services. The Nonprofit Organization Agreement, and each of its terms, is hereby incorporated herein by this reference.
2. Member Benefits
A. Benefits through Product Sales
(i) lovemycharity.com will post information regarding participating nonprofit organizations (each a “Participating Nonprofit Organization”) on the Site, including, but not limited to, their logo, name and mission statement.
(ii) lovemycharity.com will permit sellers to select from the list of Participating Nonprofit Organizations and designate one of such organizations as its “Charity-of-Record” as the beneficiary organization for their submitted listing.
(iii) At times, a Participating Nonprofit Organization may prefer not to receive donations from particular listings that are contrary to their policies; in cases such as these, you may request that we remove your designation as Charity-of-Record for that listing online by contacting our Support Team. In these instances, your nonprofit organization will therefore forfeit all claims to the corresponding donation.
(iv) lovemycharity.com guarantees all donations. Specifically, in the event a product sold through the Site is returned to a seller, lovemycharity.com will reimburse the donation to the seller directly. The nonprofit organization bears no obligation to return any donations, as all charitable donations are irrevocable. In all cases, buyer inquiries will be directed to our Support Team.
B. Benefits through Auction
(i) lovemycharity.com will post information regarding nonprofit organizations participating in the auction (each an “Auctioning Organization”) on the Site, including, but not limited to, their logo, name and mission statement.
(i) Auctioning Organizations will have the opportunity to post items for auction on the Site (each an “Auction Item”) and to have users bid on such Auction Items.
(ii) lovemycharity.com will facilitate the auction and will maintain all required permits and registrations necessary for hosting a charitable auction.
(iii) lovemycharity.com will guarantee any administrative fees taken out of sales of Auction Items purchased on the Site and later returned by users. Specifically, in the event an Auction Item is returned to an Auctioning Organization, lovemycharity.com will refund any administrative fees taken out of such sale to the Auctioning Organization.
3. Member Obligations
A. Participating Nonprofit Organizations and Auctioning Organizations must at all times use our Site in compliance with all applicable laws, rules and regulations as well as these Terms and Conditions.
B. By joining the lovemycharity.com community, signing up as a Participating Nonprofit Organization or an Auctioning Organization, and thereby agreeing to these Terms and Conditions, you certify that:
(i) All information you provide in your Nonprofit Organization Profile, and through the Site, is true and accurate;
(ii) You have the authority to act on behalf of your organization;
(iii) lovemycharity.com’s use of rights licensed herein will not infringe upon the rights of any third party;
(iv) Your nonprofit organization will not disparage lovemycharity.com, or its affiliates, as identified on the Site; and
(v) Your nonprofit organization will at all times comply with the Terms and Conditions set forth herein.
C. Participating Nonprofit Organizations and Auctioning Organizations agree to provide lovemycharity.com with proof of their current tax-deductible status, including, but not limited to, the provision of an IRS 501(c)(3) determination letter. Participating Nonprofit Organizations and Auctioning Organizations further agree to notify lovemycharity.com of any changes or governmental inquiries regarding the tax-deductible status of their organization.
D. Participating Nonprofit Organizations acknowledge and agree to the initial fee of one hundred dollars ($100.00) to become a Participating Nonprofit Organization eligible to receive donations from lovemycharity.com sellers. This fee shall be a one-time fee for the duration of the time that your organization is a Participating Nonprofit Organization. However, if your organization terminates its status as a Participating Nonprofit Organization on the Site by cancelling or terminating the Nonprofit Organization Agreement, you may be subject to paying another initial fee in the event you wish to resume the lovemycharity.com services.
E. Auctioning Organizations will not have to pay any initial fee to be eligible to participate as a seller in the Site’s auction and to post Auction Items.
F. As a further condition of these Terms and Conditions, Participating Nonprofit Organizations shall provide lovemycharity.com with an electronic version of their logo in a form which is compatible with lovemycharity.com’s technical requirements, and agree to grant a non-exclusive worldwide license to lovemycharity.com to their name and logo for use in identifying their organization as a Participating Nonprofit Organization or Auctioning Organization to users of the Site and in promotional materials.
G. It is the sole responsibility of each Participating Nonprofit Organization and Auctioning Organization to maintain its tax-exempt status. By agreeing to these Terms and Conditions, your organization hereby releases lovemycharity.com from all liability regarding these requirements, and agrees to indemnify lovemycharity.com and its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns from any and all claims, actions, demands, damages, debts and/or liabilities, which are made against lovemycharity.com or any of its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns by any third party arising from or relating to such tax-exempt status of your organization.
H. You expressly acknowledge that lovemycharity.com makes no promise that you will receive any minimum amount of donations or any donations at all or that you will sell any of the Auction Items posted on the Site.
I. Any donations distributed to your nonprofit organization under these Terms and Conditions will be made directly by the lovemycharity.com seller(s).
J. lovemycharity.com reserves the right to direct our seller(s) not to distribute a donation to you, even if you are the Charity-of-Record for that donation, or to remove some or all of your Auction Items, in the following instances:
(i) You are in breach of these Terms and Conditions at any time;
(ii) Your organization ceases to be an entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
(iii) Doing so would be in violation of applicable laws;
(iv) Doing so would bring disrepute upon lovemycharity.com; or
(v) lovemycharity.com determines that an Auction Item is not what it is represented to be by the Auctioning Organization.
In any of the above instances, lovemycharity.com reserves the right to instead redirect donations to another entity, or to use or dispense with the donation in any manner consistent with our policies and applicable law.
K. You will promptly refund the full amount of any donation you receive, within two (2) days of receipt, if:
(i) Your organization ceases to be an entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
(ii) You breach these Terms and Conditions at any time; or
(iii) The Nonprofit Organization Agreement between your organization and lovemycharity.com has terminated for any reason.
L. You will promptly refund the full amount of any money received from the sale of an Auction Item (lovemycharity.com will refund you for any administrative fees taken from such sale), if:
(i) The user who purchased the Auction Item from you is not satisfied for any reason;
(ii) Your organization ceases to be an entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
(iii) You breach these Terms and Conditions at any time; or
(iv) The Nonprofit Organization Agreement between your organization and lovemycharity.com has terminated for any reason.
4. Suspension of Services
A. If your organization breaches these Terms and Conditions at any time, lovemycharity.com may suspend your access to the Site. Further, your organization and lovemycharity.com are both entitled to cancel or terminate the Nonprofit Organization Agreement as provided for therein.
B. After termination of the Nonprofit Organization Agreement, lovemycharity.com will exercise reasonable efforts to promptly remove any reference to your organization as a Participating Nonprofit Organization or as an Auctioning Organization. Notwithstanding the foregoing, however, prior donation information shall continue to be made accessible to users of the Site.
C. After termination of the services and the Nonprofit Organization Agreement, lovemycharity.com has no obligation to make any donations to your organization or to keep any Auction Items on the Site.
D. Any obligations you have incurred under this agreement prior to termination will survive as obligations after termination.
5. Licenses and Access to lovemycharity.com Site
A. As long as you are a Participating Nonprofit Organization or an Auctioning Organization, you are granted access to the Site strictly for purposes set forth in these Terms and Conditions. lovemycharity.com additionally grants you a license to utilize the content we identify as available for download, subject to these Terms and Conditions. This license is non-exclusive, non-transferable and unavailable for sub-licensing.
B. Certain limitations and restrictions apply to the licenses and rights granted to you under these Terms and Conditions. You understand and agree that these licenses and rights may be exercised only by agents acting on your organization’s behalf and that you are responsible for their conduct in using our website.
C. You acknowledge that lovemycharity.com owns its website and all associated intellectual property rights. All rights that are not expressly granted to you by this agreement are expressly reserved by lovemycharity.com.
D. If at any time you act in the capacity of a lovemycharity.com seller, you acknowledge that you have read these Terms and Conditions as relating to buying and selling on the Site in their entirety and agree to be bound thereby.
6. Miscellaneous Terms and Conditions
B. You acknowledge that by agreeing to these terms, you and lovemycharity.com, are acting solely as independent contractors, and nothing contained in these Terms and Conditions creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.
C. Should any provision of these Terms and Conditions be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of these Terms and Conditions shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity and still reflect the intentions of the parties as set forth herein.
D. You may not assign these Terms and Conditions without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms and Conditions to any third party without your consent. All the terms and provisions of these Terms and Conditions shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.
E. Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms and Conditions. Any remedies made available to us by the terms of these Terms and Conditions are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
F. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of California without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to these Terms and Conditions, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within the State of California.
Buyers & Sellers User Agreement
Any person or entity that wishes to access the lovemycharity.com community to buy or sell goods must accept these Terms and Conditions, without modification. By joining lovemycharity.com as a buyer or seller, you acknowledge that you have read and understand our Terms and Conditions and agree to be bound thereby. Should you have any questions about our policies, we encourage you to contact us for further information.
As referenced hereinabove, lovemycharity.com reserves the right to modify these Terms and Conditions or any guidelines governing the Site at any time and in its sole discretion. Changes are effective upon posting and do not require notice to you. We advise that each time you visit the Site, you refer to these Terms and Conditions for updated information, if any.
Use of the lovemycharity.com Site is limited to parties that are able to lawfully enter into contracts under applicable law. Without limiting the generality of the foregoing, minors may not purchase or list items for sale on the Site. Every person who uses the Site hereby represents to lovemycharity.com that he or she is at least the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must truthfully provide your name, address, phone number and e-mail address, along with other information that may be required from time to time.
2. Our Marketplace and Auction
A. lovemycharity.com sellers and Auctioning Organizations (collectively referred to as “Sellers” hereinbelow) are registered third-party merchants who sell or auction products through the Site. lovemycharity.com does not own, warehouse, ship, manage inventory, or issue refunds, credits or exchanges with regard to items offered by Sellers. Sellers list their items directly on the Site and assume full responsibility for all aspects of their listings including, but not limited to, descriptions, shipping information and sales tax.
B. lovemycharity.com does not warrant that the information, content, materials or products included on the Site will be as represented by Sellers, available for sale at the time of offer, lawful to sell, or that Sellers will perform as promised. As such, each buyer hereby agrees to release lovemycharity.com from any claims resulting from the information, content, materials or products included on the Site, and the Sellers agree to indemnify lovemycharity.com and its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns from any and all claims, actions, demands, damages, debts and/or liabilities, which are made against lovemycharity.com or any of its past, present, and future partners, trustees, employees, agents, representatives, attorneys, successors, predecessors, and assigns by any buyer or any third party arising from or relating to any information, content, materials or products included by such Seller on the Site.
C. Payment Processing. Payment processing is handled entirely via PayPal. As such, all users of the Site must abide by all terms and conditions as set forth by PayPal (you are advised to visit PayPal’s website to review any terms and conditions to which you might be subjected). All donations are handled through the non-profit's Merchant Gateway.
D. Buyer and Sellers’ Acknowledgements. Any person or entity who acts in the capacity of a buyer or Seller, hereby acknowledges and accepts the following:
(i) Transactions are solely between buyers and Sellers. lovemycharity.com acts solely as a facilitator of the back-end donation and is not a party to the front-end purchase-transaction. As such, lovemycharity.com shall incur no obligations or responsibilities as a result of the purchase-transaction. Sellers are solely responsible for delivery of items and collection of amounts owed by buyers, including sales tax, and buyer is solely responsible for payment therefor.
(ii) Prices of products sold on the Site and Auction Items are determined solely between buyers and Sellers; lovemycharity.com is not involved in the sale or auction negotiation and/or transaction and does not make any warranties or representations about the accurate pricing of any such products or Auction Items.
(iii) Users of the Site shall be solely responsible for bidding on Auction Items and checking such bids on a regular basis to ensure that they have not been outbid. lovemycharity.com may provide notice to users when they are outbid on a particular Auction Item, but in no way will such notice serve as lovemycharity.com warranting or representing that it will provide such notification on a consistent basis; specifically, the sole responsibility of bidding, and checking on such bid, remains with the user of the Site. If a final bid is accepted, payment must be received by lovemycharity.com within seventy-two (72) hours thereafter. If such payment is not received within that time, the user shall have no further right to use their final bid or to purchase the Auction Item and the Auctioning Organization will have the right to relist the Auction Item on the Site.
(iv) All users of the Site grant lovemycharity.com permission to provide their e-mail information to the Charity of Record or the Auctioning Organization for each particular transaction. This provision is intended to allow the Charity of Record or Auctioning Organization to send an acknowledgement of the donation to the user. No other information will be provided to the Charity of Record or Auctioning Organization without the user’s explicit consent.
(v) lovemycharity.com disclaims all representations, express or implied warranties on the basis of trade-use, course of dealing or performance, statutes of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, data accuracy or system integration. Nothing which you obtain from lovemycharity.com or through the use of the Site shall create any warranty not expressly stated herein. California residents hereby waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
(vi) Sellers are solely responsible for all information transmitted through the Site, whether publicly posted or privately transmitted, and warrant that such content is truthful, accurate, not misleading and offered in good faith and to the best of their knowledge. Sellers must provide actual photos of items listed for sale or auction, or exact copies thereof. No stock photos are allowed. By clicking the “Upload” button and uploading an image to the Site, you hereby warrant and represent that such image: (i) does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other rights; (ii) that the image does not violate the laws, statutes or regulations of any jurisdiction; and (iii) that the image does not contain any material which is harmful, pornographic, abusive, hateful, obscene, threatening, or defamatory or which encourages illegal activities or racism.
(vii) Sellers certify that they will maintain a valid payment account at all times for the purposes of effectuating the donation process; and that they will fully cooperate and comply with lovemycharity.com’s efforts to ensure donations are received by our Participating Nonprofit Organizations in the amount designated by our Sellers.
(viii) Sellers grant lovemycharity.com and its affiliates an irrevocable, non-exclusive, sub-licensable, royalty-free and world-wide license to use, reproduce, display, modify, publish and create derivative works from their submitted content in any form, anywhere and for any purpose. Sellers warrant that they control all rights to their content and that lovemycharity.com's use of the content will not infringe upon the rights of any third party. We are not responsible for any subsequent use of uploaded content and you hereby release lovemycharity.com from any disputes regarding such use. Further, you hereby warrant and represent that any and all content uploaded by you does not and will not contain software viruses, political campaign material, commercial solicitations, chain letters, market survey, mass mailings or any form of "spam."
(ix) lovemycharity.com retains the right, without obligation, to: (a) immediately suspend or cancel any transaction; (b) restrict access to the Site; or (c) take any other action to prevent, correct or remove: technical problems, objectionable materials, inaccurate listings, unlawful items or any other actions that violate the terms of this Agreement, or for any other reason in the sole discretion of lovemycharity.com and without prior notice to any of the users of the Site.
(x) lovemycharity.com makes no guarantees regarding the performance or availability of the Site; the Site may not always meet your requirements, be available, accessible, uninterrupted, timely, secure or without error. lovemycharity.com will not be liable for malfunctions in communications facilities and does not warrant that any identified defect will be corrected. lovemycharity.com is not obligated to maintain or back-up any content and shall have no liability for failure to maintain such content or deletion of such content.
(xi) As a convenience to the users of the Site, lovemycharity.com may include or permit the posting of hyperlinks to outside websites that are operated by third parties. lovemycharity.com is not responsible for the content or performance of such linked sites. As further mentioned hereinabove, lovemycharity.com’s hyperlinking shall not be construed as an endorsement of such sites or the contents therein. Use of linked sites is entirely at the Site user’s own risk and subject to the terms of access contained on such third party outside website.
(xii) Users of the Site shall not use any robot, spider or other automated means to access our site for any purpose, and are prohibited from: (a) taking any action that imposes an unreasonable burden on our infrastructure, as determined at lovemycharity.com's sole-discretion; (b) using, copying, reproducing or modifying any content from our website, except as explicitly provided herein; (c) interfering or attempting to interfere with the proper working of our website; (d) bypassing any measures we may use to restrict access to the Site; or (e) setting up any automated bidding mechanism for bids on the Auction Items.
(xiii) Users of the Site are solely responsible for maintaining the security of their password and are responsible for any actions taken thereunder. In the event a password is compromised, it is the User's obligation to take appropriate action and all users of the Site hereby release lovemycharity.com to the fullest extent permissible by applicable law.
(xiv) All users of the Site agree to comply with all applicable laws, statutes and regulations regarding the purchase and sale of items via the Site. Users of the Site may not register under a false name, use an invalid or unauthorized credit card, or impersonate any other user of the Site, lovemycharity.com will cooperate with all prosecutorial efforts.
(xv) Without limiting any other remedies to which it may be entitled under applicable law, lovemycharity.com may issue a warning, suspend, or terminate a Site user’s membership if: (a) a user of the Site breaches this Agreement or other policies set forth on our website; (b) lovemycharity.com or our affiliates are unable to authenticate any information provided by users of the Site; or (c) we believe a user of the Site actions may cause legal liability for lovemycharity.com or other users of the Site.
(xvi) lovemycharity.com is not obligated to determine whether sales tax applies to any transaction and is not responsible to collect, remit or report any sales taxes arising from any transaction. It is each Seller’s and each buyer’s responsibility to determine whether sales taxes apply and to collect, report and remit the correct tax to the appropriate authority.
3. Prohibited and Restricted Product Categories
No items may be listed for sale or auction to any buyer in a jurisdiction where the terms of such sale or auction would violate applicable laws. lovemycharity.com, in its sole discretion, reserves the right, but has no obligation, to refuse, reject or remove any listing of product for sale or auction that could be prohibited or restricted by the laws of the United States or any other international law.
By agreeing to these Terms and Conditions, each Seller certifies that none of the following items or product categories shall be listed for sale, distribution or auction on the Site. Further, each buyer agrees not to purchase any such items improperly listed on the Site. Each buyer and Seller, respectively, agrees to indemnify and hold lovemycharity.com and its successors and assigns harmless from any claim, action, liability, loss, damage or suit arising from a breach of these Terms and Conditions or the violation, by each buyer or Seller, respectively, of any applicable laws. The following list contains examples of materials that shall not be listed for sale or purchase, but is by no means intended to be exhaustive:
- Adult content;
- Agricultural compounds;
- Alcoholic beverages;
- Animals, fish, plants, and wildlife products;
- Antiques, artifacts or other items set forth in the Convention on Cultural Property Implementation Act;
- Instructions re: engaging in fraudulent or illegal activity;
- Cell phone service contracts;
- Chemicals, refrigerants, and pesticides;
- Cigarettes, tobacco, and other nicotine products;
- Closed-circuit television footage;
- Content that infringes upon any copyright or other intellectual property rights;
- Copied software, video games, movies, or electronic books;
- Counterfeit coins, currency, and stamps;
- Crime scene photos and items;
- Digital content, including music or other downloads;
- Dog and cat fur;
- Drug paraphernalia and narcotics;
- Event tickets;
- Firearms, air guns, fireworks, ammunition, pyrotechnics, and explosives;
- Fundraising or political materials;
- Gambling equipment, including slot machines;
- Government-issued identification documents;
- Hacking or lock-picking techniques and devices;
- Handicrafts made from parts of endangered species;
- Human bodies, parts and fluids;
- Items obtained in violation of state or federal law;
- "Knock-off" products that are similar to name brands;
- Law enforcement and military items;
- Lottery and raffle tickets, sweepstakes, pyramid schemes, multi-level marketing programs and similar activities;
- Mailing lists, personal information, e-mail addresses and URL's;
- Meat, livestock and poultry;
- Media that promotes racism or violence of any kind, including Nazi memorabilia;
- Merchandise from embargoed countries;
- Medicine, medical devices, and health-supplements;
- Outlawed telecommunication equipment such as satellite or cable TV;
- Descramblers, radar scanners, radio transmitters and surveillance equipment;
- Personal services including investment advice, escorts, or dating services;
- Pictures or images of individuals and celebrities;
- Postage meters;
- Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers;
- Real property including timeshares;
- Stocks, bonds, and securities;
- Travel packages, vouchers and tickets;
- Veterinary medicines;
- Vintage products whose manufacturer and production year cannot be verified;
- Virtual goods, such as domain names;
- Weapons such as pepper spray, switchblade knives, butterfly knives, ninja stars, brass knuckles, or martial arts instruments;
- Any other item that lovemycharity.com determines, in its sole discretion, is inappropriate for sale through our website.
4. Buyer-Seller Disputes
Because lovemycharity.com is not the Seller in the actual transaction between buyers and Sellers and is not the agent of either for any purpose, lovemycharity.com does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any transaction. If a dispute arises between users of the Site, each agrees to release, defend, indemnify, and hold harmless, lovemycharity.com and its affiliates, agents and employees, from any and all liability connected with such disputes. This waiver is an essential and material term of these Terms and Conditions, and without such waiver, lovemycharity.com would not provide the Site for users of the Site.
5. Privacy, Monitoring and Disclosure