Acceptance of Terms
By accessing the GivingJoy Website, and all its directly linked sub sites, e.g. joygram-givingtek.nationbuilder.com, (the “Website”), you agree to be bound by these Terms of Use and all applicable laws and regulations, and you agree to accept responsibility for your compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The content and materials of this Website are protected by applicable copyright, trademark and other intellectual property laws and international treaties.
These Terms of Use constitute a binding agreement between you and “GivingJoy,” which term shall mean both GivingJoy LLC, a Wyoming Company.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on this Website for personal, non-commercial, transitory viewing only. This is the grant of a limited license, not a transfer of title, and under this license you may not engage in any of the following activities:
- Modify or copy the materials
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software or electric components contained on this Website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
This license shall automatically terminate if you violate any of these restrictions and may be terminated by GivingJoy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials appearing on this Website could include technical, typographical, or photographic errors. GivingJoy does not warrant that any of the materials on this Website are accurate, complete, or current. GivingJoy may make changes to the materials contained on this Website at any time without notice. GivingJoy does not, however, make any commitment to update the materials. GivingJoy is in no event liable for any misrepresentation or errors that appear on the websites, gift details, photographs, or other content of its partners.
No Unlawful or Prohibited Use
As a condition of your use of this, you will not use the Website for any purpose that violates any applicable laws or regulations, or that is prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server that hosts the Website, or any network connected to any such server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to other accounts or to any of the Website, through hacking, password mining or any other means. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
GivingJoy reserves the right at all times to disclose any information as GivingJoy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at GivingJoy’s sole discretion.
User Content
The Website may allow you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, documents, and other content (collectively, “User Content”). You recognize that you are solely responsible for the User Content you make available. You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party. You agree that GivingJoy has no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the Website.
Restrictions to User Content
GivingJoy may, but is not obligated to, preview or review any User Content and, at its sole discretion, block or remove from the Website User Content that violates the Terms of Use, or the Privacy Policy or Fundraising Program Agreement, or is otherwise objectionable. However, failure to block or remove any such content does not constitute an endorsement, warranty, representation, or sponsorship of such content.
You agree not to upload, post, share, distribute, or otherwise publish through the Website any of the following type of content:
- Content that is commercial in nature, including but not limited to promotional material, advertising, affiliate marketing, or solicitation for goods or services (other than materials that directly further fundraising efforts to support GivingJoy)
- Content that is false, indecent, defamatory, obscene, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law
- Content that contains any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission
- Content that contains viruses, spyware, or other computer malware
Grant of License to User Content
By posting, uploading or otherwise sharing your User Content on the Website, you grant GivingJoy a perpetual, non-exclusive, transferrable, royalty-free license to use the User Content for all purposes in furtherance of its tax-exempt mission and activities. Furthermore, you grant GivingJoy the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others. You expressly permit GivingJoy to identify you as the provider of such User Content. You expressly represent and warrant that you have all necessary rights to grant the foregoing permissions.
Ownership of User Content
GivingJoy does not claim ownership of the User Content and other information you provide to GivingJoy (including feedback and suggestions) or that you input or submit to the Website (collectively “Submissions”). However, by providing Submissions you are granting GivingJoy a royalty-free, sub-licensable right to use your Submissions as GivingJoy sees fit in connection with the operation of GivingJoy’s business (including, without limitation, on the Website).
Copyright Enforcement Policy
To the fullest extent possible under U.S. Law, GivingJoy is not liable for any copyright infringement arising from any materials (including advertisements, user submissions, or third party content) posted, shared, uploaded, or otherwise transmitted on the Website.
Pursuant to the process set forth in Title 17, United States Code, Section 512(c)(2), please send notice of copyright infringement claims in the form of written communication to the address below and include the following information:
- Physical or electronic signature of the owner, or authorized agent, of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is allegedly infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Contact information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement setting forth that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
All notices related to copyright enforcement or other intellectual property should be directed to:
GivingJoy LLC
Attn: Copyright Agent
412 N Main ST.
Buffalo, WY 82834
No Endorsement of Links
GivingJoy has not reviewed all of the third party websites linked to this Website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by GivingJoy of the website or the applicable organization. Use of any such linked website is at the user’s own risk.
Privacy and Protection of Personal Information
See the Privacy Policy relating to the collection and use of your information.
Disclaimer of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. GivingJoy MAKES NO WARRANTIES, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, GivingJoy DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS SITE OR ON ANY WEBSITES LINKED TO THIS SITE.
Limitation of Liability
IN NO EVENT SHALL GivingJoy OR ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, PARTNERS, OR PEOPLE REPRESENTED IN PHOTOGRAPHS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON IT, EVEN IF GivingJoy HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Modifications
GivingJoy may revise these Terms of Use at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.
Governing Law
Any claim relating to this Website shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.
Termination
The Terms of Use and additional user policies shall remain in full force and effect for as long as you access this Website. GivingJoy reserves the right to terminate your access and demand immediate cease of your use of the Website at time at its sole discretion. In the event of termination of your access to this Website, your obligations to the terms and conditions of the Terms of Use and the accompanying policies and agreements survive.
Effective Date: October 1st, 2017