DonateGifts Terms of Service Agreement

Last Revised September 29, 2020

PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, AND COPYRIGHTS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

1. Your Acceptance of These Terms

Welcome to donate-gifts.com and donate-gifts.org (collectively, including all software, content, and functionality available through the donate-gifts.com domain name and mobile device application, the "Website", “Site”, “Application” or "donate-gifts.com"). Donate Gifts (hereafter referred to as "DonateGifts," "we," "us," or "our") provides a platform where users can find wish items of the children in foster care system (hereafter referred to as “foster children”, “foster kids”, “kids”, “children”) and have the ability to donate gift items to the children.

A. By using and/or visiting this website, and clicking "I Accept" or “I Agree” if the options are presented, you agree to comply with and be legally bound by (1) these terms and conditions (the "Terms of Service" or “Terms”) that constitute a legal agreement between you and DonateGifts, whether or not you become a registered user of the Services, and (2) our privacy policy incorporated into these Terms of Service by reference. If you do not agree to any of the terms and conditions of the Terms of Service, including the DonateGifts privacy policy, you have no right to obtain information from or continue using the Website or Application. Failure to use the Website and Application in accordance with the Terms may subject you to civil and criminal penalties.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on our website. DonateGifts may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions by your continued use of the Website, with respect to the Terms of Service in effect at the time of your use and after you have the opportunity to review and accept the revised Terms of Service. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.

C. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Website is not intended for anyone under 18 to prevent misuse. If you are under 18 years of age, then we do not allow you to use the website.

D. Donation items are currently linked with products that are sold through Amazon.com (“Amazon”) to provide convenience to our Users. Our site works as a non-profit third party that connects our users with products sold on Amazon and we have no relation or liability regarding Amazon’s products, delivery, shipping, payment, or any other services. You understand and agree that DonateGifts is not a party to any agreements entered into between Amazon and Users. DonateGifts has no control and legal responsibility over the conduct of Amazon and Users of this Website and Application, and disclaims all liability in this regard.

2. Website

A. DonateGifts only accepts partnership with non-profit foster care organizations, licensed adoption and family care agencies, and state-certified domestic foster homes (collectively, the “partners”). No minor (anyone under 18 years old) or non-certified caregiver can register as a foster care partner to create wish cards on their own, in order to prevent any potential misuse of our site. The Website exists to facilitate the virtual gift donation between you and the foster children who are legally managed by our partners. For verified partners, the Website allows you to manage the account and create wish cards for the children under your care. You may not have immediate permission to create the wish cards until your account is reviewed and verified. We hold full legal rights to decide who gets verified. The Website also allows you to communicate with other users including partners. You fully acknowledge that the failure to use the Website and Application in accordance with the Terms (any violation with Terms) may subject you to civil and criminal penalties.

B. When using or accessing DonateGifts, you must comply with these Terms and all applicable laws, rules, and regulations. We do not allow and you may not do any of the following:
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with DonateGifts.
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on DonateGifts or any payment system.
Use of harmful, disturbing, inappropriate content or language when communicating with other Users.
Distribute the images from our website for monetary gain or any illegal usage. You may not save or use the images of children for any unauthorized activity or usage. DonateGifts holds full copyrights to all of the content including images, videos, and other files uploaded on our website. Violators may be prosecuted.

C. These Terms of Service apply to all users of the Website and all aspects of DonateGifts, including but not limited to all products and services offered via the Website.

D. The Website may contain links to third party websites that are not owned or controlled by DonateGifts. DonateGifts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DonateGifts will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DonateGifts from any and all liability arising from your use of any third-party website.

E. Supplemental terms may appear on the Website or otherwise apply to particular activities or transactions. Additionally, your interactions with third parties may be governed by separate Terms of Service and privacy policies of those third parties.

F. You must not share your identifiable personal information or payment information with other users at DonateGifts.

G. DonateGifts is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

H. DonateGifts reserves the right to change or discontinue, or restrict or block access to, any aspect of the Website at any time. Although we generally intend for the Website to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons.

3. Your Account and Responsibilities

A. You must provide all hardware and software required to use the Website, including but not limited to a computer with Internet access, a current Web browser with cookies enabled, and a valid e-mail address.

B. You must create a user account to create Wish Cards or to be able to donate at the Website. You agree that information you provide when creating a user account at the Website is true and accurate, and that you will update this information promptly should it change. Failure to provide accurate information is a breach of these Terms of Service. You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify DonateGifts immediately of any breach of security or unauthorized use of your account. You agree that we may attribute to you all use that occurs under your account and password, and you will be legally bound by the transactions that occur under your account even if the person using your password had no actual authority.

C. You may never use another User's account without permission.

D. You agree not to distribute in any medium any part of the Website without our prior written authorization.

E. You agree not to alter or modify any part of the Website. This does not include your own profile page, dashboard settings, your personal information, your activities, and your user account settings.

F. You agree not to use the Website for any commercial use, without the prior written authorization of DonateGifts. Prohibited commercial uses include any of the following actions taken without our approval: - unauthorized sale of access to the Website or its related services on another website; - use of the Website or its related services for the purpose of soliciting or other unauthorized and illegal activities; and - any use of the Website or its related services that DonateGifts finds, in its sole discretion, to use DonateGifts' resources with the effect of competing with or displacing the market for DonateGifts services.

G. You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website in a manner that sends numerous request messages to the DonateGifts servers in a given period of time.

H. You agree not to collect or harvest any personally identifiable information, including account names, user information, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, messages, calls, and reviews) for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

I. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations. You also agree not to:
(1) attempt to access any service or area of the Website that you are not authorized to access;
(2) alter information on or obtained from the Website;
(3) reverse engineer any aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
(4) send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
(5) take any action which might impose a significant burden (as determined by us) on Website infrastructure, or otherwise interfere with the ordinary operation or mission of the Website; and
(6) "frame" all or any portion of the Website or otherwise make it look like you have a relationship to us for any purpose.

4. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

5. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHILE DONATEGIFTS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL DONATEGIFTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DONATEGIFTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF DONATEGIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.