By logging in to Giftberry, www.giftbery.org, or any licensed partner, Business, Charity, School and/or Individual Account, you agree, at every point of entry, to all current Terms Conditions, and/or Policy, as stated below, (and elsewhere on the Giftberry, www.giftbery.org site). All Terms, Conditions, Policy are clearly stated below, and at each login you understand and agree to all current Terms, Conditions, and Policies, that may be updated from time to time without notice.

What you need to know about Giftberry, www.giftbery.org is that 100% of all proceeds from this site go directly to Charity, Schools and Causes, as defined by the donor country of origin. Giftberry, www.giftbery.org guarantees you the ability to participate in donating, volunteering and participating in virtual charity philanthropy, and a fair chance to win charity auctions, pledge drives and fundraising events from the comfort of the internet or mobile device.  

Giftberry, www.giftbery.org is the first, and the only international web “non-profit payment gateway” in the world, and the only Philanthropy “Cloud” application, working as a simple “All-in-One” Self-Service system, with 100% of proceeds benefitting Charities, Schools, and Causes, WORLDWIDE through free software, services and free merchandise donations.

No worries about credit card security, payment issues, donation questions, merchandise problems, or even changing your mind about a donation, gift, or purchase. You don’t need to worry about any of them at Giftberry, www.giftbery.org because Giftberry, www.giftbery.org is a closed system. That is, a charity may not enter our site unless they have been checked and are in good standing. An individual may not enter the Giftberry, www.giftbery.org site unless they are “known” by a Charity. No outsiders means safety, and at Giftberry, www.giftbery.org we back that word up with a 100% guarantee. Your donations and gifts and any winnings are noted in your Giftberry, www.giftbery.org account, along with access to your donation receipt (for tax purposes). If you decide to change your mind on a gift or a donation to Giftberry, www.giftbery.org for the benefit of a Charity, School or Cause, you may receive 100% back for up to 30 days after you have made your donation. If you have won a charitable auction, pledge drive or game of any type, as promoted by and for the Giftberry, www.giftbery.org site, you may withdraw your donation (purchase) at any time prior to receipt or shipping of the item or service. Once you have received the item, you may return an un-opened item for 30 days after receipt, and receive 100% refund. If an item or service or donation has been opened, used, or consumed in any way, or, is not working to your satisfaction, you must contact a specific Charity or Supplier, or Manufacturer for remedy, as is advised.

At Giftberry, www.giftbery.org, we guarantee that all donations, products, merchandise, items, services, software, and games are supplied items and run by Charitable Organizations on and for the Giftberry, www.giftbery.org platform. You are participating directly with Giftberry, www.giftbery.org, and your Charity, School or Cause will ultimately benefit from your generosity through free services and products available on our site.

Giftberry, www.giftbery.org is the non-profit seller of all goods and services. Giftberry, www.giftbery.org returns 100% of all proceeds directly to charities (via services and software), and celebrates all philanthropy services online free to Charities, Schools and Causes with available items such as online and live auction-style events, pledge drives, as well as a host of free online charity services. 

All Services, Products, Merchandise, and provided items or information on the Giftberry, www.giftbery.org site are furnished by Giftberry, www.giftbery.org for the benefit of Charities, Schools, and Causes.

All services and items are 100% as described. If this is not the case, we will work to ensure that you are satisfied.

Your refund is limited to the amount paid for the item, exclusive of bids used. Used bids are not refundable. If you make 10 bids (with a value of $7.50) to win a DVD player at a winning price of $40 -- and then you return the DVD player -- Giftberry, www.giftbery.org will refund the $40 that you spent on the item. We won't refund the $7.50 in used bids. Used bids, like diamonds, are forever.

By "physical merchandise" we mean any commercial product or item you buy on Giftberry, www.giftbery.org. You can't return gift cards or anything else that falls under the category of cash equivalents or non-physical property. You also can't return to us merchandise you didn't buy at Giftberry, www.giftbery.org. (We’re fun, not crazy.)

Our lawyer, whom we pay to be uptight, insists that we post a formal Returns Policy with all i’s dotted and all t’s crossed and facing exactly north. You can find it

RETURN Policy

You have the right to return items purchased following a winning auction or “Buy It Now” charity auction purchase. Users have 30 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in “as purchased” condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “Contact Us” form or to the following address(s):

 

Giftberry, www.giftbery.org

10866 Washington Blvd. #506

Culver City, CA   90232

 

If, for any reason, you are unable to return the item in good, working condition, Giftberry, www.giftbery.org will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by Giftberry, www.giftbery.org in its sole discretion). In no case will the return of an item entitle you to a full refund of a damaged, opened, used or non-working item.

We understand that the safety of your personal information is extremely important to you. At Giftberry, www.giftbery.org, we take great pride in working our hardest to provide a safe and secure online experience.

We use numerous electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access. And we back that up with a promise: You'll pay nothing if, through no fault of your own, a third-party ever makes charges to your credit card as a result of your shopping at Giftberry, www.giftbery.org and are held responsible for those charges by your credit card company. It's never happened yet and we don't expect it to happen ever, but if it does, you're covered.

Please contact us immediately at Giftberry, www.giftbery.org - even before you contact your bank or credit card company -- if you feel like your credit card has been used fraudulently. We obviously want to know and will take every step that we can to make it right.

Any item you buy from Giftberry, www.giftbery.org will be delivered within 10 business days of your order, once payment has cleared, or the shipping is FREE.

Our lawyer tells us that we can’t guarantee this if you don’t give us the right shipping address or for items, like plasma TVs, which require special delivery arrangements.

We won't rent, sell, or lease you personal information to anyone. You can read more about this in our Privacy Policy, which details how your personal information is handled.

Privacy Policy

 

Giftberry, www.giftbery.org provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of Giftberry, www.giftbery.org. This Privacy Policy applies only to information that you provide to us through this Site.  This Privacy Policy may be updated from time to time.  We will notify you of any material changes by posting the new Privacy Policy on the Site.  You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Giftberry, www.giftbery.org Terms of Service.

 

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.  

 

Information Collection and Use

 

Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your Membership (together, the “Service”) and to enable users to enjoy and easily navigate the Site.  

 

Personally Identifiable Information.  

 

o When you register with us through the Site, as a Giftberry, www.giftbery.org Subscriber or when you choose to create your own profile webpage we will ask you for personally identifiable information.  This refers to information about you that can be used to contact or identify you (“Personal Information”).  Personal Information includes, but is not limited to, your name, username, phone number, credit card or other billing information, email address and home and business postal addresses, and any other information that you decide to add to your profile webpage.  We use your Personal Information mainly to provide the Service and administer your inquiries. 

 

o We also collect the other information that you provide as part of registration and the administration and personalization of the My Account webpage (e.g., without limitation, zip code (on its own) and individual preferences) (“Non-Identifying Information”).

 

o We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.   

 

o We may also collect information regarding your activity on the Site, such as your bidding history, auctions participated in, auctions won/lost, prices paid, bids used and other similar information associated with your username. We use such information solely in accordance with this Privacy Policy

 

o Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences).  We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Giftberry, www.giftbery.org Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

 

We also use your Personal Information to contact you with Giftberry, www.giftbery.org newsletters, marketing or promotional materials and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.) 

 

o Log Data.  When you visit the Site, whether as a Giftberry, www.giftbery.org Subscriber or a non-registered user just browsing (any of these, a “Giftberry, www.giftbery.org User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”).  This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics.  We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs.  For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests.  We also use this information to verify that visitors to the Site meet the criteria required to process their requests.  [We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.]

 

Cookies

 

Like many websites, we use “cookies” to collect information.  A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.  We use cookies for two purposes.  First, we utilize persistent cookies to save your registration ID for future logins to the Site.  Second, we utilize persistent ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Giftberry, www.giftbery.org Users and web traffic routing on the Site. Third party advertisers on the Site may also place or read cookies on your browser.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.  If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.  

 

 

Emailing Via a Giftberry, www.giftbery.org Account

 

As part of the Service, Giftberry, www.giftbery.org  Subscribers may choose to communicate with Giftberry, www.giftbery.org  Subscribers and non-registered users through use of their accounts.  Where Giftberry, www.giftbery.org Subscribers have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Giftberry, www.giftbery.org  to those email addresses on their behalf.  These email addresses will be stored in the address book the Giftberry, www.giftbery.org  Subscriber creates and will be used only for the purpose of sending the email communication to the addressee.  

 

Inviting Friends Via a Giftberry, www.giftbery.org  Account

 

As part of the Service, we may allow Giftberry, www.giftbery.org Subscribers to invite friends to participate in Giftberry, www.giftbery.org service. When Giftberry, www.giftbery.org Subscribers have selected the option of adding one or more email addresses to an online form or via an address book import, the resulting invites will be sent to those email addresses on their behalf.  These email addresses will be stored in the import friends function that Giftberry, www.giftbery.org creates and will be used only for the purpose of sending the email invite to the addressee(s) selected by the Giftberry, www.giftbery.org Subscribers. 

 

Phishing

 

Identity theft and the practice currently known as “phishing” are of great concern to Giftberry, www.giftbery.org   Safeguarding information to help protect you from identity theft is a top priority.  We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.  For more information about phishing, visit the Federal Trade Commission’s website.

 

Information Sharing and Disclosure

 

Giftberry, www.giftbery.org Users.  When you register through the Site and submit your Personal Information to create a profile webpage, Giftberry, www.giftbery.org Users will see your “Screen Name” and the month and year you first registered with Giftberry, www.giftbery.org (“Required Subscriber Identifiers”). You can choose what other Personal Information you provide as part of your profile (“Other Subscriber Information”) and in some cases you can choose whether to share that information publicly on the Site by making selections via the “user preferences” section of your profile webpage.  Providing Other Subscriber Information is voluntary and should correlate with the degree of interaction you want to have with Giftberry, www.giftbery.org Users. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your “Screen Name,” since that would allow others to identify you.  

 

 

Auction Data and Bidding History.  We may share information on your bidding history, auctions participated in, auctions won/lost, prices paid, bids used and other similar information associated with your username, for the purpose of providing Giftberry, www.giftbery.org Users with information designed to help in the formulation of bidding strategies, in accordance with the options selected by you when creating your user account and profile. 

 

Aggregate Information and Non-Identifying Information.  We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

 

 

Service Providers.  We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, fulfillment, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used.  These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. [We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you.  You can, at any time, opt out of receiving such communications.]

 

Compliance with Laws and Law Enforcement.  Giftberry, www.giftbery.org cooperates with government and law enforcement officials and private parties to enforce and comply with the law.  We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Giftberry, www.giftbery.org or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. 

 

Business Transfers.  Giftberry, www.giftbery.org may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

 

 

Changing or Deleting Your Information

 

All Subscribers may review, update, correct or delete the Personal Information in their registration profile by contacting us.  If you completely delete all such information, then your account may become deactivated.  If you would like us to delete your record in our system, use the “Close My Account” function in My Account [provide link]. We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes. 

 

Security 

 

Giftberry, www.giftbery.org is very concerned with safeguarding your information.  We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.

 

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

 

International Transfer

 

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, Giftberry, www.giftbery.org transfers Personal Information to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

 

Links to Other Sites

 

Our Site contains links to other websites.  If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website.  The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.  We do not exercise control over third party websites.  These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. They may also use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites you visit.  

 

Our Policy Toward Children

 

This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.  

 

Contacting Us 

 

We do our very best to respond to all customer emails within one business day. If we don’t, as our way of showing deep shame and regret, we’ll give you 10 free bids. A "business day" is any weekday, Monday through Friday, that is not a state, federal, or religious holiday, and is also not the Friday before the Oscars, when we're giddy all day and just can't concentrate.

We want to make things right for you. When you contact us you should expect to get friendly, professional help that answers your question or resolves your issue provided it doesn’t involve hurting fluffy animals or violating our Terms of Service.  

TERMS OF SERVICE

Welcome to Giftberry, www.giftbery.org. Giftberry, www.giftbery.org and/or its affiliates ("Giftberry, www.giftbery.org", “we” or “us”) provide this website (“Site”) and the services available through this Site (“Services”) to you subject to the following conditions. If you visit or shop at this Site, you accept these terms and conditions (“Terms”). Please read them carefully. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms.

SITE ACCESS

Subject to your compliance with these Terms, Giftberry, www.giftbery.org grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of Giftberry, www.giftbery.org. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Giftberry, www.giftbery.org without express written consent. You may not use any meta tags or any other "hidden text" utilizing Giftberry, www.giftbery.org's name or trademarks without the express written consent of Giftberry, www.giftbery.org. Any unauthorized use terminates the permission or license granted by Giftberry, www.giftbery.org. You may not use any Giftberry, www.giftbery.org logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission.

ELIGIBILITY

By registering, you agree that you are a resident of the United States, 18 years of age or older and able to enter into binding contracts. Employees of Giftberry, www.giftbery.org and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to use the site or bid on auctions.

YOUR ACCOUNT.In order to access certain features of the Site and Services, and to post content as described below, you must create an account with us. You may register only one user account. Members of the same household may not participate in the same auction, at any time. During the registration process, you will be asked to choose a username. Giftberry, www.giftbery.org reserves the right to cancel an account, refuse registration or change a username if it is found to be offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Giftberry, www.giftbery.org reserves the right, in their sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify you, for any reason whatsoever, including, but not limited to, a violation of the terms of this agreement, applicable law or is harmful to Giftberry, www.giftbery.org interests. If your account is terminated as per this agreement, any points earned, but not redeemed, at the time of termination, will be deemed immediately expired, forfeited and not redeemable. When you register at Giftberry, www.giftbery.org you consent to receive communications from us electronically. We will communicate with you electronically for purposes of advising you on transactions, shipments and customer service. From time to time, we may also communicate with you for marketing purposes. You will be given an opportunity to unsubscribe from such marketing communications at any time.

WINNING THE AUCTION/PAYMENT FOR “BUY IT NOW”

After an auction has ended, the successful bidder will be presented with a website page that will allow for the auction win to be confirmed, and payment and shipping information to be entered. Auction winners will have 7 days to submit the information on this page and make the payment due. After this 7 day period has elapsed, the ability to claim the item won at auction will be revoked. Similarly, users who choose to “Buy It Now” will be presented with a website page that will allow the user to confirm the desire to “Buy It Now”, enter payment and shipping information and checkout. Users have up to 24 hours after the close of an auction to use the “Buy It Now” feature. You may win up to 10 auctions in a calendar month or in any part of a calendar month.

CREDIT STORE
From time to time, Giftberry, www.giftbery.org may offer items for sale in the Credit Store (“Credit Store”). Usage of the Credit Store is limited to Giftberry, www.giftbery.org users that have purchased Bid Tokens and have been awarded Loyalty Bucks. Users using the Credit Store will be given the opportunity to buy items at a discount using their Loyalty Bucks. Purchases made in the credit store will be completed in an identical manner to those made via the “Buy it Now” feature.

RETURNS

You have the right to return items purchased following a winning auction or “Buy It Now” purchase. Users have 14 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in good condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “Contact Us” form or to the following address:

Giftberry, www.giftbery.org..660 Fourth Street #296..San Francisco, CA, 94017

If, for any reason, you are unable to return the item in good, working condition, Giftberry, www.giftbery.org will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by Giftberry, www.giftbery.org in its sole discretion). In no case will the return of an item entitle you to a refund of the Bid Tokens used to win or purchase the item.

SHIPPING

Shipping costs will be clearly displayed for each item. The successful bidder or user choosing the “Buy It Now” option will be responsible for the full shipping costs as displayed. Delivery will be made from our suppliers or from our warehouse to the address supplied by the user. Unless otherwise stated, delivery is available within the 48 contiguous United States, Alaska and Hawaii. Some restrictions or higher shipping costs or longer delivery times may apply to Alaska or Hawaii shipments. These will be clearly stated on the item. Delivery times may. Stated delivery times should be considered to be guidelines and are not delivery guarantees. Giftberry, www.giftbery.org shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to Giftberry, www.giftbery.org promptly upon taking delivery.

DATA/BIDDING STRATEGIES PROVIDED BY Giftberry, www.giftbery.org

From time to time, Giftberry, www.giftbery.org may make available to you certain data related to auctions and users bidding on auctions including but not limited to bidder name, number of Bid Tokens, number of auctions bid upon, number of auctions won, item auction history, item pricing, and the like. This data is provided to you by Giftberry, www.giftbery.org in an effort to assist you in implementing bidding strategies. Giftberry, www.giftbery.org makes no warranty for the accuracy or efficacy of this data in formulating winning bidding strategies and use of such data in formulating such strategies is undertaken solely at your risk. In a similar fashion, Giftberry, www.giftbery.org may provide tips and hints related to bidding strategies. These tips, hints and bidding strategies are provided to you by Giftberry, www.giftbery.org in an effort to assist you in implementing bidding strategies. Giftberry, www.giftbery.org makes no warranty for the accuracy or efficacy of these strategies in formulating winning bidding strategies and use of such information in formulating such strategies is undertaken solely at your own risk.

SYSTEM OUTAGES

At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or bid upon auctions. In this case, Giftberry, www.giftbery.org will halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such. Giftberry, www.giftbery.org will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents you from bidding, Giftberry, www.giftbery.org will refund Bid Tokens used in auctions that you were participating in at the time of the auction.

CONTENT POLICY

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If you do post content or submit material, and unless we indicate otherwise, you grant Giftberry, www.giftbery.org a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Giftberry, www.giftbery.org and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that they own or otherwise have the rights to post the content; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Giftberry, www.giftbery.org for all claims resulting from content supplied. Giftberry, www.giftbery.org has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion, and may do so at any time without notice. Giftberry, www.giftbery.org does not endorse any user content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any content posted by a user or any third party. Furthermore, Giftberry, www.giftbery.org may immediately terminate your account and access to the Site if you post infringing content.

THIRD PARTY WEBSITES

Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.

WHAT YOU MUST NOT DO

The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “Giftberry, www.giftbery.org”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; (l) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data; (m) Strategically cooperate with other users in an auction or collude to exchange information with other users.

LIMITATION OF LIABILITY

IN NO EVENT WILL GIFTBERRY, WWW.GIFTBERRY.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GIFTBERRY, WWW.GIFTBERRY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GIFTBERRY, WWW.GIFTBERRY.ORG'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO GIFTBERRY, WWW.GIFTBERRY.ORG FOR BID TOKENS IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.

DISCLAIMER OF WARRANTIES

THE “DESIGNATED AS NEW” ITEMS THAT YOU MAY WIN ON THE SITE ARE SOLD WITH THE MANUFACTURE’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE, THE SERVICES AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND Giftberry, www.giftbery.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, GIFTBERRY, WWW.GIFTBERRY.ORG DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND THE SERVICES; AND (II) THAT THE SITE AND THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFTBERRY, WWW.GIFTBERRY.ORG, INCLUDING WITHOUT LIMITATION ANY DATA OR BIDDING STRATEGIES PROVIDED UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE BID, AND THAT EVERY TIME YOU PLACE A BID FOR AN ITEM, SUCH BID IS DEDUCTED FROM YOUR USER ACCOUNT AND CAN NO LONGER BE USED, WHETHER OR NOT YOU WILL BE ABLE TO WIN THE ITEM.

INDEMNIFICATION

You agree to defend, indemnify, and hold Giftberry, www.giftbery.org, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site and/or the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any of your content caused damage to a third party.

IP OWNERSHIP

Giftberry, www.giftbery.org owns and retains all proprietary rights in the Site (other than with respect to content posted by you under these Terms) and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of Giftberry, www.giftbery.org and its licensors, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site and the Services does not grant you any right or license to the copyrighted material, trademarks, trade names, logos, images, or other proprietary information of Giftberry, www.giftbery.org and its licensors.

 

MISCELLANEOUS

These Terms constitute the entire agreement between the parties with respect to the use of the Site and the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. Any waiver by either party of any violation of any provision of these Terms will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of these Terms is held to be unenforceable for any purpose, including but not limited to public policy grounds, then the remainder of these Terms will be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Giftberry, www.giftbery.org. You may not assign their rights and delegate their duties under these Terms to any third parties. THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO U.S. OR STATE CHOICE OF LAW RULES. YOU AND GIFTBERRY, WWW.GIFTBERRY.ORG AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO Giftberry, www.giftbery.org OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN Wilmington, Delaware, unless otherwise designated by Giftberry, www.giftbery.org.

Safe: We want all Giftberry, www.giftbery.org donors to feel safe from harassment of any kind. Offensive usernames, attempting to contact or collude with another user, malicious or inflammatory comments on Giftberry, www.giftbery.org fan pages or forums, and any other types of harassment is strictly forbidden. Please help by treating other users with respect and complying with our Terms of Use.

Ethical and fair: Winning bids will always be determined according to the rules. The mechanics of bidding and determining winners will be automated, precise, and fair.

Employees of Giftberry, www.giftbery.org, and their immediate families, are not allowed to bid on Giftberry, www.giftbery.org auctions org fundraising endeavours. For obvious reasons... Mom cheats.

To keep bidding fair for everyone, only one Giftberry, www.giftbery.org account is allowed per person. We actively police for violators and bad actors who try to circumvent this rule. As always, our goal is to keep Giftberry, www.giftbery.org auctions fun, fair, and completely transparent.

As you’d expect, all bids must be legitimate bids from account-holders at Giftberry, www.giftbery.org. Every bid is a potential winning bid. Shill bids intended to drive up prices or trick other users are not allowed. Giftberry, www.giftbery.org itself will never make bids to "prime the pump," encourage bidding, or otherwise affect the outcome of an auction.

Giftberry, www.giftbery.org doesn't use bots (i.e. automated programs meant to impersonate a real bidder) to drive up prices or impersonate users and we don't allow them to be used by others. We employ industry-leading detection mechanisms to scan for external bots and exclude them from our site. We also exclude droids, clones, cyborgs, automatons, replicants, and Boba Fett.

Payments, 100% Refund Guarantee, Software Use

 

By logging in to Giftberry, www.giftbery.org, or any licensed partner, Business, Charity, School and/or Individual Account, you agree, at every point of entry, to all current Terms Conditions, and/or Policy, as stated below, (and elsewhere on the Giftberry, www.giftbery.org site), for Engaging in Philanthropic Activities on the Giftberry, www.giftbery.org Site, for Making Donations, Payments and Gifts, (via Debit Card, Credit, Check, or any other form of electronic payment). Donations on the Giftberry, www.giftbery.org site, by Giftberry, www.giftbery.org, via a Giftberry, www.giftbery.org assignee, such as Processing Gateway, Rate Provider, and Financial Institution such a recognized bank, Visa, MasterCard, American Express, eCheck, Optima, Discover, etc., or Debit payment permitted by Bank. By agreeing to these Terms, you promise to pay any/all fees, Local, State, Federal tax liability, and/or additional charges, that may become due for these services, as apply to your specific donation or payment transaction, and/or as apply to your Organization or specific situation.

 

For your convenience, Giftberry, www.giftbery.org offers your Approved Business, Charity, or School, or any member thereof, to participate in Free Philanthropy software, and electronic merchandise donations for fundraising transactions performed by an Individual, Charity or Business originating on Giftberry, www.giftbery.org, for the benefit of Giftberry, www.giftbery.org. Charity, Business, Individual, or other third party websites, in conjunction with use of the Giftberry, www.giftbery.org suite of Free Philanthropy Software, may benefit through interactions with the Giftberry, www.giftbery.org site, at the exclusive granting of such interaction by Giftberry, www.giftbery.org. The Giftberry, www.giftbery.org online services are for the benefit of Charities and Schools worldwide. By logging into Giftberry, www.giftbery.org and agreeing to these terms, you opt-in to our automated donation services, and opt-in to payments going directly to Giftberry, www.giftbery.org, thereby granting your permission to process electronic transactions on your behalf. If you do not wish to participate with Giftberry, www.giftbery.org exclusive philanthropy tools and services online, please contact us and we will attempt to offer other options for your convenience.

Payment Disclosures -.

Philanthropy Transaction Limited Power of Attorney-.I authorize Giftberry, www.giftbery.org to retain exclusive rights to process electronic donation transactions on my behalf, and as specified herein, for the exclusive benefit of Giftberry, www.giftbery.org. I authorize Giftberry, www.giftbery.org to process and receive all donations made on Giftberry, www.giftbery.org, and retain all subsequent rights to that donation for all time. Once donation or payment has been made to Giftberry, www.giftbery.org, I agree to full liability for that payment, and will fulfill my financial obligations for all such donation/payments on the Giftberry, www.giftbery.org site. Once donation transaction has been processed, I further authorize Giftberry, www.giftbery.org to utilize proceeds or credits and/or points, as Giftberry, www.giftbery.org deems appropriate, from this and every donation, and I further authorize Giftberry, www.giftbery.org to use any/all information necessary to facilitate this transaction in a timely manner, as set forth by any/all financial institution guidelines, in accordance with Local, State, Federal and International Statute and Guidelines. I authorize Giftberry, www.giftbery.org to subtract any miscellaneous transaction fees, as assessed by the Processing Institution, for electronic transactions, or Fee or Convenience Services that may be due. All methods of payment on the Giftberry, www.giftbery.org site are electronic. The Giftberry, www.giftbery.org mission is to benefit charities, schools, causes on the Giftberry, www.giftbery.org site through free services, grants and merchandise supplied and listed on our donation manager. If your charity is not visible on the Giftberry, www.giftbery.org site, please give us the name of the Charity you wish to benefit, and Giftberry, www.giftbery.org will match the name to the correct Charity legal name in our database of over 2M Charities and Schools. A representative will get back to you usually within the hour, but no later than one working day. Giftberry, www.giftbery.org guarantees 100% refund for any donation or payment made in error by Giftberry, www.giftbery.org. If a donor has made a donation in error, or is not satisfied with a merchandise or products won at a Giftberry, www.giftbery.org auction or pledge drive, please contact us and Giftberry, www.giftbery.org will forward owner, manufacturer, distributor, or any other information available to help winner resolve a question.

 

Any inappropriate, unauthorized, unlawful, or fraudulent activity, as determined by Giftberry, www.giftbery.org and its officers/agents, that may be intentionally or unintentionally performed by charity or business participants on the Giftberry, www.giftbery.org site, or through its affiliates and/or partners, may subject any account to an immediate suspension, without notice or recourse, and/or referral to the appropriate agency or authority for further action.

 

I authorize and accept all Terms and Conditions of Giftberry, www.giftbery.org, and any/all subsequent changes to the above, from time to time, without notice, and am duly authorized to grant this legally binding agreement and/or Power of Attorney, for the exclusive purpose of donation processing and philanthropic benefit, and in accordance with the mission of Giftberry, www.giftbery.org.