Terms & Conditions
SHARITY TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED PROGRAMS ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW AND THE PRIVACY AND SECURITY POLICY, WHICH IS AVAILABLE FOR REVIEW ON THIS SITE (collectively the ‘Terms and Conditions’). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AND 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.
I. RESTRICTIONS ON USE
All pages within this website (www.sharity.org) and any material made available for download therefrom (collectively the “Site”) are the sole property of Sharity (‘Nonprofit’) and/or its affiliates or partners. 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 Nonprofit. This Site is for your own personal use. 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, ‘content’ shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons, and any and all other material that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all content presented to users of the Site is the property of Nonprofit and its affiliates, partners, or content suppliers.
Any rights not expressly granted by these Terms and Conditions and the Privacy and Security Policy are expressly reserved by Nonprofit. These Terms and Conditions govern your access to and use of this Site and various online tools and services that Nonprofit makes available to donors, volunteers, sponsors and all others users of Nonprofit’s programs and activities, collectively called ‘Users’ of the Nonprofit Site.
From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on our Site. Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site.
II. TRADEMARK NOTICE
The SHARITY and SHARITY Logo are trademarks of Nonprofit. All rights reserved. All trademarks and service marks on the Site not owned by Nonprofit are the property of their respective owners. The trade names, trademarks and service marks owned by Nonprofit, whether registered or unregistered, may not be used in connection with any product or service that is not the Nonprofit’s product or service or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
A. Warranty Disclaimer
THIS SITE, INCLUDING ANY AND ALL PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN IT, 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 AUTHENTICITY OF ANY PRODUCTS OR EXPERIENCES SOLD AND THE CLEANLINESS OF THE PRODUCTS SOLD, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND ANY AND ALL HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL 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, NONPROFIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
NONPROFIT, 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, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
B. Disclaimer of Liability and Recommended Service Providers
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 Nonprofit is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Nonprofit reserves the right to remove such materials from the Nonprofit Site without liability. Further, this disclaimer of liability applies to all products sold and/or auctioned through the Site, and any and all claims relating to those products as well as the authenticity, price, payment, shipment, loss, damage, or delay related thereto.
While Nonprofit endeavors to identify the best service providers and resources for participants to assist those who would like to avail themselves of such services, Nonprofit does not warranty the services of these individuals or organizations that you are referred to. You are required to undergo your own independent investigation to determine if these persons and/or organizations are adequate for you. You are advised to seek independent professional advice.
C. Disclaimer – Currentness of Information
Although Nonprofit attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or 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 alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Nonprofit at email@example.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Nonprofit reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
D. Disclaimer – Site content copyrighted
The content of the Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials or non-copyrighted owned, controlled by or licensed to Nonprofit and contain Nonprofit’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, or evaluating, Nonprofit programs and activities. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Nonprofit’s icons, Site address, or other means to hyperlink other Internet sites with any page in the Nonprofit Site, and Nonprofit assumes no responsibility for any other party’s site hyperlinked to the Nonprofit Site or in which any part of the Nonprofit Site has been hyperlinked.
Nonprofit grants you a limited license for the Site for your personal and noncommercial use in connection with your visit. Your use of this Site is subject to all applicable laws and regulations. You are not permitted to modify or download any portion of the Site without the express, written consent of Nonprofit. Except as expressly provided for in these Terms and Conditions, none of the content of the Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of Nonprofit.
E. Disclaimer-No responsibility for links
The Nonprofit Site may contain links to, videos from, and frames of sites which are not maintained by Nonprofit. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Nonprofit Site does not imply Nonprofit’s endorsement of the linked or framed sites or their content.
F. Disclaimer-Use of email
By sending Nonprofit a message via firstname.lastname@example.org or through any other means, you agree to have your message or any content therein, along with your name, image, and likeness, posted for public viewing both here and in other Nonprofit promotional and advertising materials without compensation. We may occasionally post messages received from Users, but nothing provided for herein shall require us to do so. All messages that are posted on the Site represent the opinions of Users and do not necessarily represent the ideas or opinions of Nonprofit. You may only copy them for personal use, and any redistribution in any manner requires the prior written consent of Nonprofit. In consideration of this authorization, you agree that any copy of this information that you make is and shall remain the property of Nonprofit.
G. Disclaimer – User Generated Content
The Site may allow you to submit, through a message board or similar practice, ideas, photographs, writings, data, questions, comments, suggestions, email or mailing addresses, or other content, including personal information (‘User Generated Content’). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed) as determined by the Nonprofit in our sole discretion and shall become the exclusively property of Nonprofit. Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through our Site, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you and engage in discussion. Nonprofit reserves the right to post, delete or modify anything shared through the Site by you. Please think carefully before deciding what information you share, including personal information, in connection with your User Generated Content or social networking activities. Please note that the Nonprofit does not and will not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. These Terms and Conditions do not apply to any information that you disclose publicly, or choose to share with others or otherwise upload on the Site.
Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Nonprofit. Nor shall any information or statements contained on this Site be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to documents available from this Site, neither Nonprofit nor any of its employees, officers, directors, etc., makes any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Nonprofit nor any of its employees, officers, directors, etc., assumes any legal liability or responsibility for the accuracy, authenticity, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
In the event that you violate those restrictions and these Terms and Conditions including but not limited to your failure to comply with the above restrictions on information, materials or content, posted to the Site, Nonprofit hereby expressly reserves the right to limit or otherwise wholly restrict your use of the Site in its sole and unfettered discretion. Further, Nonprofit hereby expressly reserves any and all rights and remedies that may be available to it pursuant to applicable law.
All donations/bids to Nonprofit made through the Site are contributed as unrestricted donations and are not made with any donor restrictions or conditions. Any and all payments to Nonprofit through the Site are non-refundable and final. You are expressly made aware that nothing contained herein shall be construed as tax or legal advice, and that Nonprofit does not provide tax or legal advice. As such, you are encouraged to work directly with your tax and/or legal professional(s) regarding any specific tax or legal questions you might have about your donation/bid.
IV. DONOR UNDERSTANDING AND AGREEMENT
By way of the Site, or other means, celebrity donors (the ‘Donors’) will donate certain products (the ‘Products’) to Nonprofit for use on the Site, such use of which will include, but not be limited to posting the Products on the Site for auction, the charitable proceeds of which will be donated to a charity of the Donor’s choice. Thus, Donors agree to transfer all right, title and interest in and to the Products to Nonprofit; obtain and bear all cost of a qualified written appraisal of the Product, if required by the Internal Revenue Service for tax deduction purposes; and furnish to Nonprofit, the name of the recipient charity, proof of the recipient charity’s federal tax exempt status under section 501(c)(3) of the Internal Revenue Code, the charity’s address, and contact information for the representative of charity.
By offering to donate a Product to Nonprofit and by Nonprofit’s subsequent agreement to post the Product on the Site for bidding purposes, Donor hereby voluntarily, knowingly and willingly accepts any and all of these Terms and Conditions.
Upon receipt of the Product, and in Nonprofit’s sole discretion, Nonprofit shall either place the Product on the Site for auction to the highest bidder or conduct an event wherein the Product will be offered for auction to the public. Upon sale of the Product to the highest bidder by Nonprofit, Nonprofit shall distribute one hundred percent (100%) of the proceeds from the sale of the Product, if any, to the charity of Donor’s choice. Nonprofit shall not be responsible for informing Donor of the need to obtain a qualified written appraisal nor shall Donor bear any costs associated with a qualified written appraisal as that obligation shall be solely borne by Donor.
B. Donation of Product
By use of the Site and/or making of a donation of a Product for use by Nonprofit, through himself/herself, or his/her representative and/or agent, Donor hereby grants to Nonprofit, and its partners and affiliates, the worldwide, royalty free, nonexclusive, perpetual, irrevocable, sublicensable (through multiple tiers) right and license to use Donor’s name, image, likeness (including, without limitation, in the form of photographs, video-stills or drawings), voice, signature and endorsement, in tangible or electronic form (collectively the ‘Donor’s Name’), in connection with the Site, the Product, the auction or sale of the Product, Donor listing/webpage, and the promotion and advertising of the Site and/or Product, including, but not limited to, use of Donor’s Name on the Site, emails, websites, press releases, social media networks/platforms, publications, and other outlets promoting the Site, auction, and/or the Product. Donor has provided, or will provide, Nonprofit with photographs of Donor for Nonprofit’s use in connection with the Site and the license set forth above. Nonprofit may update, alter, change, and modify Donor’s listing/webpage without prior notice to Donor.
Nonprofit grants Donor a non-exclusive, non-transferable license during your participation on the Site to use Nonprofit’s names and logos on your site, in print and other media. Donor may terminate his/her relationship with Nonprofit and our right to use Donor’s name and logo at any time (assuming there are no active auctions) by giving written notice to Nonprofit and Nonprofit will cease all such use. Nonprofit acknowledges that, other than the license Donor grants to Nonprofit, Donor retains all right, title, and interest in and to Donor’s name and logo and reserve all rights not expressly granted to Nonprofit.
C. Donor’s Warranties and Representations
By use of the Site and/or making of a donation of a Product for use by Nonprofit, Donor warrants and represents as follows: (1) that it has good and marketable title to the Product; (2) that its title to the Product is free and clear of any claims, liens, pledges, options, prior assignments, encumbrances, or other defects; (3) that it is not in default or material violation of any contracts, agreements, leases, or other instruments or obligations to be transferred to Donor; (4) that there is now no litigation pending against it or its officers of which they are aware that will, might, or could affect the transfer of title of the Product in good and marketable condition; (5) that it has no creditors, whether general or secured of which it has knowledge and no parties who assert claims against the Product; (6) that it will comply with all due diligence, accounting and valuation procedures, and all other filings required as a result of the donation of the Product; and (7) that it understands and accepts that Nonprofit has not made any representation whatsoever regarding the sale of the Product or the financial benefits or returns that Nonprofit will collect as a result of the sale of the Product.
D. Donor’s Indemnification
By use of the Site and/or making of a donation of a Product for use by Nonprofit, Donor agrees that it shall indemnify, defend, and hold harmless Nonprofit and its officers, directors, members, attorneys, agents and affiliates, against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees, that such parties may incur or suffer, resulting or arising from or otherwise relating to: (i) any breach by Donor of any representations and warranties set forth herein; (ii) any nonfulfillment of or failure to comply with any covenants of Donor as set forth herein; (iii) any claims of third parties with respect to the Product transferred hereunder or through Donor’s activities conducted before the donation date, including but not limited to intellectual property claims, likeness claims, and/or those claims brought by former owners or employees; and (iv) any claims by any taxing authority (whether state, local or federal) related to any tax or filings due for any taxes or filings due or that become due as a result of the conduct of the activities of Donor, including those set forth herein.
V. BIDDER UNDERSTANDING AND AGREEMENT
By using the Site, you represent that you are at least eighteen (18) years old and that you are legally able to be bound by the Terms and Conditions. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any Product, auction, item, content on or feature of the Site, or for any change thereof.
When and if you set up an account and register to use the Site, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site. Our use and disclosure of any information that you provide is governed by our Privacy and Security Policy.
By bidding on a Product, you hereby voluntarily, knowingly and willingly accept any and all of these Terms and Conditions. By bidding on a product you grant Nonprofit, and its partners and affiliates, a worldwide, royalty free, nonexclusive, perpetual, irrevocable, sublicensable (through multiple tiers) right and license to use your name, image, likeness, and endorsement, in tangible or electronic form, in connection with the Site, the Product, the auction or sale of the Product, and the promotion and advertising of the Site and/or Product, including, but not limited to, use on the Site, emails, websites, social media networks/platforms, publications, and other outlets promoting the Site, auction, and/or the Product.
You represent and warrant that none of the following infringe any intellectual property rights: your provision of content to us, your posting of content, your use of the Site, and our use of such content (including of works derived from it) in connection with the Site.
VI. CHARITABLE ORGANIZATION UNDERSTANDING AND AGREEMENT
Nonprofit reserves the right to refuse participation to any organization, including charities, nonprofits, and schools (collectively the ‘Organization’), at any time in its sole discretion. By registering and participating on the Site, Organization hereby voluntarily, knowingly and willingly accepts any and all of these Terms and Conditions. By participating on the Site, Organization grants Nonprofit, and its partners and affiliates, a worldwide, royalty free, nonexclusive, perpetual, irrevocable, sublicensable (through multiple tiers) right and license to use Organization’s name, trademark, logo, identifying material, and endorsement (collectively the ‘Organization’s Name’), in tangible or electronic form, in connection with the Site, the Products, the auction or sale of the Products, Organization listing/webpage, and the promotion and advertising of the Site and/or Organization, including, but not limited to, use of the Organization’s Name on the Site, emails, websites, social media networks/platforms, publications, and other outlets promoting the Site, auction, and/or the Product.
Organization represents and warrant that none of the following infringe any intellectual property rights: Organization’s provision of content to us, Organization’s posting of content, use of the Site, and our use of such content (including of works derived from it) in connection with the Site. Nonprofit may update, alter, change, and modify Organization’s listing/webpage without prior notice to Donor.
Nonprofit grants Organization a non-exclusive, non-transferable license during Organization’s participation on the Site to use Nonprofit’s names and logos on Organization’s site, in print and other media. Organization may terminate its relationship with Nonprofit and our right to use Organization’s name and logo at any time (so long as no active auctions are ongoing) by giving written notice to Nonprofit and Nonprofit will cease all such use. Nonprofit acknowledges that, other than the license you grant to Nonprofit, Organization retains all right, title, and interest in and to Organization’s name and logo and reserve all rights not expressly granted to Nonprofit.
Nonprofit may terminate this agreement or remove Organization’s listing from the Site at any time for any reason. Upon receipt of written notice of termination from Nonprofit, Organization must promptly remove Nonprofit’s trademark and logo and disable any links from Organization’s site to the Site.
VII. CONFIDENTIAL AND PROPRIETARY INFORMATION
Nonprofit does not want to receive confidential or proprietary information, ideas, suggestions, or material from you through the Site (except when specifically requested by Nonprofit in writing in relation to your donation/bid or purchase through the Site, which will be subject to Nonprofit’s Privacy and Security Policy). Please note that any information, ideas, suggestions, or material sent to Nonprofit through the Site will be deemed NOT to be confidential=. Any ideas, suggestions, or material that you submit will be owned by Nonprofit, and you hereby irrevocably assign any intellectual property rights in such ideas, suggestions, or material to Nonprofit. In the event that the foregoing assignment is held to be ineffective for any reason, you hereby irrevocably licensee such ideas, suggestions, or material to Nonprofit royalty free in perpetuity. If you intend to retain any intellectual property rights in your ideas, suggestions, or material (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
VIII. LINKS OR POINTERS TO OTHER SITES
Nonprofit makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Nonprofit website through the Site, please understand that it is independent from Nonprofit, and that Nonprofit has no control over the content on that website. In addition, a hyperlink to a non-Nonprofit website does not necessarily mean that Nonprofit endorses or accepts any responsibility for the content, or the use of, the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. Nonprofit is under no obligation to investigate or examine such third party or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through the Site. Any and all external websites are owned and operated by independent third parties and are not under the control of Nonprofit. We encourage users to be cautious when leaving the Site and to read the privacy statements of each and every external website that collects personally identifiable information.
IX. VOLUNTEER REGISTRATION
We may allow for volunteers. If so, if you desire to register to be a volunteer for Nonprofit’s programs or activities, it is possible that such registration may be done on the Site. By using our online volunteer registration, if any, you are expressly agreeing to execute Nonprofit’s volunteer agreement.
X. COPYRIGHTED MATERIALS
Nonprofit continually invests significant resources to create text, images and other materials on the Site. These materials are protected under U.S. and international copyright laws. To protect its investment, Nonprofit diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates Nonprofit’s copyrights.
Without written permission from Nonprofit, you may not make any unauthorized reproduction or engage in distribution of Nonprofit’s copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by Nonprofit in any format. It is Nonprofit’s policy to enforce its copyrights against any third party who infringes on its copyrights. To ensure that you do not infringe on any of Nonprofit’s copyrighted materials, do not engage in any of the following without prior express written consent from Nonprofit:
1. Do not directly or indirectly copy, reproduce, or distribute any of Nonprofit’s materials (including web pages) or any part of the text or graphics from those materials.
2. Do not directly or indirectly modify or create derivative works of any of Nonprofit’s materials.
3. Do not create materials that look as though they originated from or are endorsed by Nonprofit.
4. Do not imitate the color or visual appearance of Nonprofit’s materials and/or products.
5. Do not use Nonprofit’s icons as graphical design elements in your materials.
6. Do not distribute Nonprofit’s work by sale, rental, or other disposition.
C. Permission Requests
To request permission to use Nonprofit’s copyrighted material, please email us at email@example.com.
D. Copyright complaints
If you are a copyright owner and believe that your work has been copied, posted, stored or transmitted through our Site in a way that constitutes copyright infringement, please submit the following information in writing pursuant to the Digital Millennium Copyright Act (‘DMCA’) directed to the designated agent listed below:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material that you claim is infringing and should be removed with enough detail so that Nonprofit may locate it;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Nonprofit’s Designated Copyright Agent for notice of claims of copyright or trademark infringement on the sites can be reached as follows:
Designated Agents: Vicky Law and Jamal Brown
ADDRESS: 1151 N. Highland Ave., Los Angeles, CA 90038
PHONE: (323) 450-4335
EMAIL: firstname.lastname@example.org or email@example.com
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to Nonprofit’s Designated Copyright Agent:
– Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
– A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
– Your name, address, telephone number, and email address;
– A statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
– Your physical or electronic signature.
If a counter-notice is received by Nonprofit’s Designated Copyright Agent, Nonprofit may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Nonprofit’s sole discretion.
2. Repeat Infringer Policy:
Nonprofit will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Nonprofit will treat the underlying DMCA notice as withdrawn.
Nonprofit reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding Nonprofit’s Terms of Service.
XI. STOLEN ITEMS
We do not permit the sale or auction of stolen property on the Site. We also strongly support efforts by law enforcement to investigate attempts to sell stolen property on the Site. If we see any such activity taking place, we will proactively notify law enforcement and help in any efforts to investigate and prosecute users who violate this policy. If you believe that an item being auctioned or featured on the Site is stolen property, please contact us immediately at (323) 450-4335 or firstname.lastname@example.org.
XII. RETURN POLICY
Sales of any and all Products are final and Products cannot be returned. If you have a problem with a Product that you purchase from our Site, please contact Nonprofit at email@example.com.
XIII. CHOICE OF LAW AND VENUE; JURISDICTION
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each of the parties hereto: (a) irrevocably agrees that the federal courts of the Central District of California and the California State courts shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement; (b) submits to the venue and jurisdiction of such courts; (c) irrevocably consents to personal jurisdiction by such courts; and (d) waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
The Site is controlled and operated by Nonprofit from the United States, and is not intended to subject Nonprofit to the laws or jurisdiction of any other state, country or territory other than that of the California. Nonprofit does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of JAMS. All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.
XV. TERMINATION OF USE
You hereby agree and acknowledge that Nonprofit may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Nonprofit reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials on the Site may also be changed, modified, added, removed or updated at any time and without notice. Notwithstanding the foregoing, Nonprofit is under no obligation to update or otherwise change the content and/or materials of the Site. Nonprofit reserves the right to make changes in the programs described on the Site, if any, at any time and without notice. Your continued use of the Site after any changes made by Nonprofit will be considered an acceptance of those changes.
XVII. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between Nonprofit and you pertaining to the subject matter of this Agreement, all prior oral and written communications or understandings being merged herein; and shall be binding upon and inure to the benefit of the parties, as well as any related parties, successors and assigns. In its sole discretion, Nonprofit may modify these Terms and Conditions by posting the revised version on this Site without notice. These Terms and Conditions are not assignable, transferable or sublicensable by you except with our prior written consent; we may assign our rights and delegate our duties hereunder without your consent.
By using this Site and agreeing to these Terms and Conditions, you hereby agree that you will defend, indemnify and hold Nonprofit harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys’ fees) incurred by Nonprofit as a result of any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions. Nonprofit shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.
XIX. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to Nonprofit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
XVI. WAIVER AND SEVERABILITY
Waiver by either party of any breach, or failure or delay by either party to enforce the terms and conditions of this Agreement, at any time, shall not in any way affect, limit or waive the right of that party thereafter to enforce and compel strict compliance by the other party with respect to any term or condition hereof. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.