Terms & Conditions Governing Your Use of this Website
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR SERVICE. DEFINED TERMS AS USED HEREIN SHALL HAVE THE SAME MEANING AS IN THE “CHARITYAUCTIONSTODAY SOFTWARE AS A SERVICE AGREEMENT” (“AGREEMENT”) UNLESS OTHERWISE STATED.
Registration Responsibilities: To utilize certain features of our Services, you may need to register with us. If you decide to register, ensure that the information you provide about yourself or your Charity is accurate, up-to-date, and complete, as prompted during the registration process. Organizers should register with their authentic identities or those of authorized representatives of Charities. This includes the actual name, address, and any media representing the Organizer or the Fundraiser’s Beneficiary. Ensure that the registration details remain current.
We are concerned about the safety and wellbeing of all our Customers and their Users, but in particular children. CharityAuctionsToday requires that all Users must be at least 18 years of age. Parents shall not allow their children to use the Service and should take care to supervise their children. We remind you that the Service is designed for use only by legal adults. As the legal guardians, parents are reminded that it is their responsibility to supervise children and their activities. Customer shall not permit any alcohol or controlled substance to be sold to a minor (as may be defined in the applicable jurisdiction) through use of the Service.
Should we or our Payment Processors find any discrepancies in the details you’ve provided, or if they contradict our Terms of Service or their service terms, we may suspend or terminate your access to our Services. If violations are detected, fines imposed by relevant bodies will be your responsibility.
Customer’s Responsibilities: Customer agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data. Customer will ensure that any use of the Service by Customer’s Users is in accordance with the terms of the Agreement and the Terms of Use. Customer agrees to notify Vendor immediately of any unauthorized use of any password or account or any other known or suspected breach of security or any known or suspected distribution of Customer Data. Customer acknowledges and agrees that certain use of the Service could be subject to the U.S. Export Administration Laws and Regulations. Customer agrees that no part of the Service or information obtained through use of the Service, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations and are subject to change without notice, and Customer must comply with the list as it exists in fact. Customer certifies that neither Customer nor any Users are on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. Customer agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. Any unauthorized use of the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
Customer Use and Conduct: Customer shall not to use the Service:
- for any unlawful purpose;
- in any way so that the Service is damaged;
- in any way that may damage or disrupt another User’s computer;
- for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
- to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character;
- as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
- in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
- to transmit any material for the commercial purposes of publicity, promotion and/or advertising without our prior written consent of Vendor;
- to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a CharityAuctionsToday.com employee, manager, host or another user; or
- to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
- charity shall have full discretion to determine how all Donations will be used.
Content: Customer acknowledges that Vendor does not control the content posted by Customer or Users through the Service and as such, Vendor does not guarantee the accuracy, integrity or quality of such content. By using the Service, Customer acknowledges that it may be exposed to content that is offensive or objectionable. Under no circumstances will Vendor be liable in any way for any content or any damage incurred as a result of Customer accessing any content posted or otherwise transmitted via the Service. Customer acknowledges that Vendor does not monitor or preview any content posted by Customer or Users through the Service, and that Vendor shall have the right (but not the obligation) to refuse access to or remove any content made available via the Service.
a) You acknowledge that CharityAuctionsToday is not responsible for the content of auction listings, and you agree to indemnify and hold CharityAuctionsToday harmless from any claims arising from inaccurate or misleading auction content.
Customer Must Have Internet Access: In order to use the Service, Customer must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based Content. Customer must also provide all equipment necessary to make (and maintain) such connection to the World Wide Web and the Service.
Email and Notices: Customer agrees to provide Vendor with Customer’s e-mail address (es), and to accept emails (or other Electronic Communications) from Vendor at the e-mail address Customer specifies. Notwithstanding any provision in the Agreement to the contrary, acknowledgement by an officer of Customer is not required with respect to e-mail communications pertaining to the Customer’s routine use of the Service, including without limitation communications relating to the support, maintenance, updating of the Service, or modifications to the Terms of Use. Customer further agrees the Vendor may provide any and all required notices including legal notices to Customer through either e-mail (or other electronic transmission), or by mail or express delivery service in accordance with the Agreement.
Service Extensions or Updates: Customer further agrees that, unless explicitly stated otherwise, any new features that augment or enhance the Service, and or any new service subsequently purchased by Customer pursuant to an amendment accepted by Vendor referencing this Agreement will be subject to this Agreement.
a) CharityAuctionsToday provides an online auction software platform to facilitate auctions for nonprofits and charities. This platform allows users to create, manage, and participate in public and private auctions, as well as to handle donation payments and payouts.
Passwords, Access, and Notification: Customer will provide and assign unique password and user names to each account created. Customer acknowledges and agrees that Customer is prohibited from sharing passwords and or user names with unauthorized users. Customer will be responsible for the confidentiality and use of Customer’s (including its employees’) passwords and user names. Customer will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Customer Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Customer’s account. Vendor will act as though any Electronic Communications it receives under Customer’s passwords, User name, and/or account number will have been sent by Customer. Customer agrees to notify Vendor if Customer becomes aware of any loss or theft or unauthorized use of any of Customer’s passwords, user names, and/or account number. The foregoing shall also apply to any Purchase Order Forms submitted by the Customer for further use of the Service.
Account Responsibility: You hold the responsibility for safeguarding the confidentiality of your password and account details. Furthermore, you are entirely accountable for all actions that transpire under your account or password. You commit to: (i) promptly alert CharityAuctionsToday if there’s any unauthorized access to your account or any security breaches; and (ii) log out of your account at the conclusion of each session when using the platform. CharityAuctionsToday shall not bear any liability for losses or damages resulting from your non-adherence to these guidelines.
Transmission of Data: Customer understands that the technical processing and transmission of Customer’s Electronic Communications is fundamentally necessary to Customer’s use of the Service. Customer expressly consents to Vendor’s interception and storage of Electronic Communications and/or Customer Data, and Customer acknowledges and understands that Customer’s Electronic Communications will involve transmission over the internet, and over various networks, only part of which may be owned and/or operated by Vendor. Customer acknowledges and understands that changes to Customer’s Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices. Customer further understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Customer agrees that Vendor is not responsible for any Electronic Communications and/or Customer Data which are lost, altered, intercepted or stored without authorizations during the transmission of any data whatsoever across networks not owned and/or operated by Vendor.
Confidential Information: Each party may have access to information that is confidential to the other party (“Confidential Information”). For purposes of this Agreement, Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Customer’s Confidential Information shall include, but not be limited to, Customer Data. A party’s Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party’s lawful possession prior to the disclosure without any obligation of confidentiality and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on disclosure; (iv) is independently developed by the other party without use of or reference to the other party’s Confidential Information, as established by written records. The parties agree to use commercially reasonable efforts not to make each other’s Confidential Information available in any form to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that Vendor may disclose Customer’s Confidential Information to its Third Party Vendors solely to the extent necessary to provide products or services under this Agreement. This Section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that a party who has been subpoenaed or otherwise compelled by a valid law or court order to disclose Confidential Information (the “Responding Party”) shall first have given sufficient and prompt written notice to the other party of the receipt of any subpoena or other request for such disclosure, so as to permit such party an opportunity to obtain a protective order or take other appropriate action. The Responding Party will cooperate in the other party’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be afforded the Confidential Information. If the Responding Party is compelled as a matter of law to disclose the Confidential Information, it may disclose to the party compelling the disclosure only that part of the Confidential Information as is required by law to be disclosed.
Notwithstanding anything to the contrary in this Agreement, Content is not included in Confidential Information as defined above. To the extent Vendor has any access to Content in the course of providing the Services, Vendor’s entire obligation to keep Content confidential is stated in this Section below. Vendor shall not, intentionally (i) access Customer’s Content or (ii) disclose Customer’s Content to any third party, except to the extent: (a) Customer makes its Content publicly available, (b) as necessary for Vendor to provide, or obtain third-party supplier support for, the Services or to provide information requested by Customer, or (c) as specifically authorized by Customer in writing. Vendor’s obligation to protect Content from unauthorized use, access or disclosure is: (i) to provide the Security Services specifically set forth in this Agreement and (ii) maintain and enforce the then-current standard Vendor security policies and standards applicable to the Services as practiced at the service locations from which Vendor is providing the Services to Customer.
The obligations in this Section shall not apply to the recipient of Confidential Information and/or Vendor with respect to Content to the extent disclosure of Confidential Information or Content is required to comply with laws or respond to requests by a regulatory or judicial body and/or as otherwise required for legal process. In the event that any such disclosure is required, the recipient, and/or Vendor with respect to Content, reserves the right to charge the other party on a time-and-materials basis for recipient’s/Vendor’s reasonable efforts related to its compliance and response, including, if applicable, reasonable attorney’s fees.
Intellectual Property: All content provided through the Service, including but not limited to software, graphics, logos, and text, is the property of CharityAuctionsToday and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works, publicly display, or otherwise use any content from the Service without explicit written permission from CharityAuctionsToday.
Termination: CharityAuctionsToday reserves the right to terminate or suspend your account, at its sole discretion, if it believes you have violated these Terms or engaged in inappropriate behavior.
Limitation of Liability: CharityAuctionsToday shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Service.
Changes to Terms: We reserve the right to modify or revise these Terms at any time. Your continued use of the Service after any changes signifies your acceptance of the modified Terms.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of DuPage County, Illinois.
Transaction Fee: While there are no fees to initiate or manage an auction on CharityAuctionsToday, it’s important to note that each donation is subject to a transaction fee, which encompasses both credit and debit card charges (hereinafter and throughout the website termed as “Transaction Fee”).
Platform Nature of the Services; CharityAuctionsToday’s Role: Our services are purely administrative platforms. CharityAuctionsToday enables organizers to set up auctions and allows contributors to place bids or make donations. We are neither a broker, agent, financial institution, creditor, nor a registered 501(c)(3) nonprofit organization.
All details and information shared by CharityAuctionsToday about the services are solely for informational use. We don’t assure the accuracy, completeness, or timeliness of any shared data. The content isn’t intended to deliver financial, legal, tax, or other specialized counsel. Before engaging with any auctions, bidders, or any details linked to our services, we advise seeking guidance from your financial, legal, tax, or relevant professional advisor. Using our services implies that you comprehend and agree that all content accessed is at your discretion and risk.
CharityAuctionsToday doesn’t have any influence over the actions or information given by users and, to the maximum extent the law allows, renounces any responsibility in this matter. We don’t promise that an auction will reach a particular bid amount or any bid at all. While we facilitate these auctions, we don’t endorse any particular user, cause, or auction. There’s no assurance, explicit or implied, that the information provided via our services is flawless. We emphatically decline any liability concerning the results or success of any auction. The onus is on you, as a bidder or donor, to assess the worthiness and validity of any auction or user before placing a bid or making a contribution.
No Solicitation: CharityAuctionsToday provides a platform designed to assist Organizers in their fundraising endeavors. We merely offer the technological means for auctions to reach potential donors. Our services’ presence does not equate to a direct appeal for donations by CharityAuctionsToday. We do not participate in solicitation actions, nor do we advise on appealing for contributions from the public on anyone’s behalf. By utilizing our platform, you recognize and concur that CharityAuctionsToday is not accountable for how your donations are utilized or for the fundraising outcomes of any user or auction.
Donors’ Responsibilities: All donations made via our platform are at your discretion and risk. When donating, it falls on you to discern how your contribution will be utilized and to stay updated by frequently checking the auction or fundraiser details. CharityAuctionsToday is not accountable for any commitments, rewards, or promotions proposed by users or fundraisers, as such actions infringe upon our Terms of Service. We neither confirm the accuracy of the details presented by users or fundraisers nor can we vouch that donations will align with the stated fundraising goals or legal standards. However, we prioritize concerns about potential fraud or fund misuse. For more on our protective measures, refer to our section on Community Protection. If you suspect a user or fundraiser is misusing or misrepresenting funds, please utilize the “Report” feature on the fundraiser page to notify our team, and we’ll investigate. If you’re a donor, you might also qualify for the CharityAuctionsToday Donation Guarantee.
For donors contributing to a legally recognized nonprofit organization (“Charity”): A. You cannot set restrictions on how the Charity uses your donation. Even if you donate responding to a specific appeal from a Charity or try to dictate the donation’s application, any such directions will merely be non-binding suggestions. The Charity retains complete discretion over the donation’s use. B. Consult with a tax consultant to understand the tax-deductible amount of your donation, considering the tax status of the donation recipient in the relevant jurisdiction. CharityAuctionsToday does not imply that your donations or any transaction fees are tax-deductible. We aren’t responsible for any claims by tax authorities concerning how you, any user, or any Charity declares donations. C. If you don’t choose to keep your details private, be aware that some personal data may be shared with the Charity you’ve supported, in line with our Privacy Notice. Charities may use this information to offer official donation receipts or as per their privacy policies. We aren’t liable for any Charity’s handling of donor information. D. For any mandatory state disclosures related to nonprofit fundraising, please check the following link: State Non-Profit Disclosures
Organizers’ Responsibilities and Warranties: As an Organizer:
- You affirm that all details you present, either directly, through an agent, or using artificial intelligence, related to a fundraiser or its intended beneficiary, are accurate, comprehensive, and won’t mislead users. You commit to regularly updating these details to clarify fund usage and any pertinent information about your fundraiser.
- You guarantee that all received donations will be used precisely as described in your provided materials.
- If you raise funds on behalf of a third-party beneficiary and subsequently withdraw these donations, you ensure that all funds will benefit the intended beneficiary.
- By adding a beneficiary through our platform, you concede control over the associated donations.
- You won’t violate others’ rights.
- You pledge to adhere to all relevant laws, including those about registration, taxes, political contributions, and asset disclosures tied to your fundraiser.
- Should you share any third-party personal data with us, such as names or contact details, you affirm having the legal right and required consents to do so and allow us its designated use.
- You won’t trade goods or services for donations.
Furthermore, we hold the right to share information concerning your fundraiser with donors, intended beneficiaries, or legal or regulatory bodies. We can also support any related investigations.
If you’re representing a Charity:
a. You verify that you’re an authorized representative of the Charity with permission to fundraise on its behalf and commit the Charity to our terms. b. You’re fundraising for a legally compliant cause or activity. c. You guarantee that all funds will exclusively serve the purpose outlined during and in connection with your fundraiser. d. Your Charity maintains a tax-exempt status under the governing laws (e.g., the U.S. Internal Revenue Code or Canada’s Income Tax Act). e. If the Charity is U.S.-based, it’s listed with GuideStar or the IRS tax-exempt organization database. If Canadian, it’s recognized in the Canada Revenue Agency’s registered charities database.
Charitable Organizations and Our Services: Our platform offers features and services as outlined here. Every Donation incurs a Transaction Fee.
A. Disputes & Reimbursements: Occasionally, Donors might challenge a Donation made via our platform or request a reimbursement under the CharityAuctionsToday Guarantee. Should Donations get reimbursed to a Donor by PayPal or due to the CharityAuctionsToday Guarantee, or if the PayPal Fund has already made a payment to the Charity, any subsequent chargebacks or reimbursements will be deducted from upcoming payments directed to the Charity. If necessary, we will send an invoice to the corresponding Charity. The Charity agrees to: (a) compensate PayPal or PayPal Fund the entire amount of any Donation refund owed to a Donor. (b) PayPal or PayPal Fund retains the option to offset a future Donation rather than having the Charity return the refunded Donation. When Donations are processed through CharityAuctionsToday, PayPal or Stripe, the Charity manages these Donations directly. In such scenarios, the Charity, not CharityAuctionsToday, or Stripe, is responsible for managing refunds and chargebacks directly with Donors.
B. Removing a Charity from Our List: If you represent a Charity and wish to be delisted from CharityAuctionsToday’s searchable list, please contact us here. Ensure you include your full name, position, and the Charity’s official email and contact number. Please note that once a Charity is removed from our database, it will no longer be able to receive funds through our platform.
C. Funds Transfer: Charities receive Donations (after subtracting any relevant Transaction Fees) based on the terms and processes of the selected Payment Processor. Detailed information on available Payment Processors can be found under “Payment Processors for Charities”. CharityAuctionsToday doesn’t process payments nor retains any funds.
D. Taxation: CharityAuctionsToday doesn’t hold back any funds for tax reasons. Charities are solely responsible for all international, federal, state, local, and any other applicable taxes based on their net income or gross receipts.
E. Data on Donors and Other Info: Charities can access details about a Fundraiser’s Organizer dedicated to them, Donor Lists, and Donor Data for regulatory and transactional reasons. For inquiries, please reach out to us here. “Donor Data” includes the Donor’s name, email, Donation amount, transaction date, transaction ID, and project name. THE DONOR LISTS PROVIDED BY CHARITYAUCTIONSTODAY ARE GIVEN “AS IS”, WITHOUT ANY GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENTS. Unless a Donor selects the anonymity option during Donation or uses another anonymity method, they consent to the disclosure of their data as described here, including being part of the Donor List.
Taxes: You must ascertain any applicable taxes related to the Donations you garner via our platform. The onus is entirely on you to evaluate, gather, declare, or forward the correct tax to the relevant tax agency.
Public Content and Interaction:
A. Open Content & Display of Public Information: Your engagements on CharityAuctionsToday may be visible to others, such as any content you place openly on the platform, including descriptions, texts, audio, data, graphics, remarks, photos, videos, trademarks, or other materials you introduce or share (referred to as “User Content”). Your user profile details, including your name, email, organization, and bio, might be shown to others to foster interaction. For instance, as an event host, you could share details like a recent event story that may be viewed as sensitive. As a donor, you can opt to display your donation publicly, which can also be visible to search engines. If you wish to keep your donation details private, select the “Private” option during the donation process. Always be cautious about sharing personal details or information in public sections of the platform, as these might be indexed by search engines or used by others. Refer to our Privacy Notice for more insights on how your data is collected, used, and stored.
B. Additional Details: Understand that User Content or other data, whether invited or not, provided to CharityAuctionsToday might be in the public domain, for instance, in forums or surveys. We also gather feedback through customer support, innovative suggestions, or any other unsolicited ideas about our services (collectively referred to as “Other Information”). Providing us with Other Information means that: (i) We’re not obliged to keep it confidential. (ii) We might be working on or contemplating similar ideas. (iii) CharityAuctionsToday can freely use the Other Information without owing you any acknowledgment or compensation. (iv) You confirm that you have the right to share this information. (v) You grant us an unbounded, royalty-free, continuous license, among other rights, to use, modify, or commercialize this information in any manner. (vi) You forgo any moral claims tied to the Other Information against CharityAuctionsToday and its users.
Even after your account or services end, this section remains valid. CharityAuctionsToday can keep the Other Information and User Content and might disclose them if mandated by law, or if believed to be necessary for various reasons including legal compliance, enforcing terms, or ensuring the safety and rights of its community.
Third Parties Communication: When you leverage any feature of our Services to interact with third parties, such as recommending our Services or discussing a fundraiser or donation, you may provide information about that third party (“Third-Party Data”). By doing so, you affirm that:
- You’ve secured proper consent from the third party for CharityAuctionsToday to access and utilize the Third-Party Data.
- You’ve informed these third parties about the manner in which CharityAuctionsToday gathers and employs their details.
CharityAuctionsToday might mention you as the referrer in any ensuing communications. We use this Third-Party Data to: (i) Get in touch with the third party utilizing the information you’ve given. (ii) Offer you a customizable message template that aids in streamlining interactions between you and the third party via our Services.
We might also occasionally send you, or the third parties, reminders or related notifications, where legally permissible. Any messages directed to third parties via the Third-Party Data will include an option for them to decline future communications of a similar nature.
Data Retention: You recognize that CharityAuctionsToday is under no obligation to retain data associated with any account or fundraiser on your behalf. You understand that CharityAuctionsToday holds the discretion to erase data, close accounts, or conclude fundraisers whenever they see fit, and for any reason. This can be done with or without prior notice. CharityAuctionsToday shall not bear any liability towards you or any third party for any claims, damages, expenses, or losses arising from such actions. However, for fundraisers or accounts initiated by Charities on our platform, CharityAuctionsToday commits to providing reasonable advance notice when feasible.
Mobile Features and Text Notifications: CharityAuctionsToday offers functionalities that can be accessed through a mobile device, encompassing the capability to: (i) upload content to our platform; (ii) navigate through the platform; and (iii) access specific features via an app installed on your mobile device (altogether termed as “Mobile Features”). Should you utilize these Mobile Features, be aware that standard charges, data rates, and other fees set by your wireless service provider might be applicable. Also, note that certain mobile providers might restrict or prohibit the downloading, installation, or use of some Mobile Features. Moreover, not every feature is compatible with all devices or carriers.
By engaging with our Mobile Features, you consent to our communication with you on account-related matters through SMS, MMS, text messages, or other electronic channels to your mobile device. We may also gather some data about your Mobile Feature usage.
When establishing your CharityAuctionsToday account, if you select “Send code” via “Text Message,” you grant permission for receiving automated text messages tied to your account from us or on our behalf at the provided phone number. To opt-out, reply STOP to any of these messages, with the exception of automated messages linked to the security of your account. The frequency of messages will vary. Charges for messages and data might apply. If local laws necessitate specific prerequisites for such communications, we’ll abide by them.
Should you change or deactivate your mobile phone number, it is imperative to update your CharityAuctionsToday account promptly to ensure that messages aren’t inadvertently sent to whoever obtains your previous number.
PROHIBITED CONDUCT: The subsequent list offers examples of user content or activities not permitted on CharityAuctionsToday. While this list isn’t exhaustive, we retain the right to eliminate any fundraiser or scrutinize users who infringe upon our terms, policies, or related guarantees. Our investigations might utilize various resources, such as social media or news articles. We may also, if required, restrict or terminate your access, withhold payments, freeze donations, or collaborate with law enforcement agencies.
You hereby agree and affirm:
A. Not to:
- Violate laws, rules, or third-party agreements.
- Launch misleading, dishonest, or impossible fundraisers.
- Share or endorse offensive, inappropriate, or illegal content or activities.
- Engage in drug-related, weapon-associated, harmful practices, or illegal activities.
- Act against U.S. and other sanctions or without government approval.
- Promote hatred, discrimination, violence, or terrorism.
- Defend alleged crimes or harm someone’s reputation.
- Engage in gambling, pyramid schemes, or fraudulent financial activities.
- Use funds or raise money for unmentioned purposes.
B. You will not upload content that:
- Infringes on someone’s rights.
- Contains harmful software or promotes security risks.
- Advertises without permission.
- Abuses our platform’s capabilities.
C. You won’t disrupt our services, invade others’ privacy, misrepresent fundraisers, or misuse another’s account.
D. Your actions won’t create liabilities for CharityAuctionsToday or breach our relationships with service providers.
E. You won’t illegally access our services, misuse information, send spam, or flood our platform with excessive requests.
F. Your activities will align with the purpose of our services, and you won’t attempt any prohibited actions indirectly.
Regarding all donations made or received, you commit:
A. Not to engage in fraudulent activities. B. Not to support embargoed entities. C. To secure all transaction information. D. Keep records as required by laws and provide them when requested. E. Collaborate in investigations and rectifications related to any violations.
CharityAuctionsToday might deny or delay any transactions that seem risky or in violation of these terms. We may also share any relevant information with authorities in line with our Privacy Notice.
Bidding and Contributions: To place a bid or contribute to an online auction or charity on CharityAuctionsToday, bidders will need to provide details about their preferred payment method (“Payment Method”) linked to their CharityAuctionsToday account (“Billing Profile”). As a bidder, you confirm that the provided details are accurate, up-to-date, and that you have the authorization to use the specified Payment Method. There might be a minimum bid or contribution requirement, and once made, all bids or contributions are final. Refunds will only be issued at the sole discretion of CharityAuctionsToday. We collaborate with third-party payment gateways to process your payments. By making a bid or contribution, bidders consent to the processing and handling of data by these gateways in line with our terms and those stipulated by our payment partners. To know more about our payment partners and access their terms of service, please refer to the “PAYMENT GATEWAYS” section below.
INTELLECTUAL PROPERTY RIGHTS
Content, Software, and Trademarks of CharityAuctionsToday: It is to be acknowledged that our platform may host content or features (“Platform Content”) safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless explicitly permitted by CharityAuctionsToday, users are not allowed to alter, replicate, frame, scrape, lease, rent, loan, sell, distribute, or derive new works from the Platform or the Platform Content. This does not encompass your own User Content that you rightfully upload to the platform. When accessing our platform, refrain from using any data mining, bots, or similar data extraction methods. If CharityAuctionsToday restricts your access (e.g., IP address blockage), circumventing such restrictions, such as by using a disguised IP or proxy, is prohibited. Unauthorized use or deviation from these permissions is strictly forbidden. The technology and software bolstering the platform or linked with it belong to CharityAuctionsToday and our associates (“the Software”). You agree not to replicate, alter, derive works from, reverse engineer, or try to discern its source code, and refrain from transferring or selling any rights linked to the Software. All rights that aren’t explicitly granted herein are retained by CharityAuctionsToday.
The CharityAuctionsToday name and its emblems are trademarks of CharityAuctionsToday (“CharityAuctionsToday Trademarks”). Other entities’ names, products, and services portrayed on the platform might be trademarks of their respective holders, and their display doesn’t suggest endorsement, affiliation, or any relation with CharityAuctionsToday. These Terms shouldn’t be perceived as granting any rights, implied or explicit, to use CharityAuctionsToday Trademarks without prior written consent for each use. All goodwill arising from using the CharityAuctionsToday Trademarks will be exclusively for our benefit.
Third-Party Content: At no point will CharityAuctionsToday be held responsible for the content or materials from third parties (including users) or any User Content, be it due to errors, omissions, or otherwise. Nor will CharityAuctionsToday be liable for any loss or damage incurred from using such content. While CharityAuctionsToday does not pre-review User Content, we, at our discretion, reserve the right to either accept, decline, or remove any User Content available through our services at any given time, for any reason, with or without prior notice. This decision comes with no liability towards you or any third party concerning any claims, damages, costs, or losses that might arise.
User Content Shared on CharityAuctionsToday: When you share or provide User Content through our services, you affirm that you either own or have all necessary permissions and consents to share such content, particularly concerning copyrights, trademarks, and privacy rights. By sharing your User Content on CharityAuctionsToday, you grant us and our affiliates a non-exclusive, global, royalty-free, fully paid, transferable, perpetual license with the right to sublicense, to use, modify, distribute, display, and store your content in relation to our services or its promotions in any known or future mediums. If your User Content includes personal identifiers, like your image or name, you release CharityAuctionsToday and its team from any claims related to privacy, publicity, or libel. Furthermore, you waive any rights to inspect or approve any use of your User Content. If your content includes other individuals besides yourself, you confirm that you have obtained all necessary permissions from those individuals on behalf of CharityAuctionsToday. Using our platform and sharing your User Content is voluntary, and you understand that there won’t be any financial compensation for any rights or permissions you’ve granted us.
CharityAuctionsToday does not ensure the availability of any content through our services. We maintain the right to, at our discretion and without notice, edit, remove, or modify any content for any reason, including concerns of violations to our terms or based on claims from third parties.
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THIRD-PARTY WEBSITES AND SERVICES
CharityAuctionsToday may incorporate or offer links, tools, and features directing you to other external platforms, services, or resources managed by third parties (“Third-Party Platforms”). These Third-Party Platforms operate independently, and CharityAuctionsToday doesn’t exert any influence or control over their actions, products, services, or content. We neither endorse nor assume responsibility for the content, accuracy, or any other aspect of these Third-Party Platforms. Should you encounter any issues or disputes resulting from your interactions with these platforms, they will be strictly between you and the respective third-party entity. It’s important to be aware that any engagements with these Third-Party Platforms might be governed by their own set of terms and conditions. For instance, if you were to upload a video to our platform via your mobile, it might be uploaded using YouTube and, as a result, be bound by YouTube’s Terms of Service. By accessing and using such Third-Party Platforms, you acknowledge that CharityAuctionsToday is not liable for any losses or grievances you might experience with these external entities.
INDEMNIFICATION AND WAIVER
You agree to indemnify, defend, and hold harmless CharityAuctionsToday, its affiliates, and their respective directors, officers, employees, and agents from any losses, damages, liabilities, claims, actions, or demands, including legal and accounting fees, resulting from your use of our Services, your contributions or participation in any auction, your uploaded content, your connection to our platform, any breach of these Terms of Service, or infringement of any rights of a third party. CharityAuctionsToday retains the right to assume the exclusive defense of any claim, and you promise to compensate CharityAuctionsToday for all costs and expenses, including attorney’s fees, arising from such defense.
If you reside in California, you waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” For residents outside California, either within or outside the United States, you waive any equivalent laws, regulations, or doctrines in your jurisdiction.
DISCLAIMER OF GUARANTEES
YOUR ENGAGEMENT WITH THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION. THE SERVICES ARE OFFERED “AS IS” WITHOUT ANY GUARANTEES OR WARRANTIES. CHARITYAUCTIONSTODAY AND ITS ASSOCIATED ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPLICIT, IMPLIED, OR BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, SUITABILITY FOR A PARTICULAR USE, AND NON-INFRINGEMENT, TO THE GREATEST EXTENT ALLOWED BY LAW.
CHARITYAUCTIONSTODAY AND ITS ASSOCIATES DO NOT ASSURE THAT: (I) THE SERVICES WILL FULFILL YOUR SPECIFIC NEEDS; (II) THE SERVICES WILL OPERATE WITHOUT INTERRUPTIONS, SECURELY, OR WITHOUT ERRORS; (III) ANY OUTCOMES DERIVED FROM USING THE SERVICES WILL BE CORRECT OR TRUSTWORTHY; OR (IV) ANY GOODS, SERVICES, OR INFORMATION ACQUIRED OR ACCESSED THROUGH THE SERVICES WILL SATISFY YOUR STANDARDS.
LIMITATION ON LIABILITY
BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CHARITYAUCTIONSTODAY NOR ITS ASSOCIATED ENTITIES SHALL BE HELD RESPONSIBLE FOR: (I) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (II) LOSS OF BUSINESS PROFITS; (III) LOSS OF REPUTATION; (IV) LOSS OF UTILIZATION; (V) DATA LOSS OR CORRUPTION; OR (VI) ANY OTHER NON-DIRECT LOSSES (EVEN IF ADVISED OF SUCH POSSIBLE DAMAGES), ARISING FROM ANY CAUSE, WHETHER IT BE CONTRACTUAL, TORT-BASED, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: (A) USING OR BEING UNABLE TO USE OUR SERVICES; (B) COSTS INCURRED FROM REPLACING GOODS OR SERVICES PURCHASED THROUGH OUR PLATFORM; (C) ANY PROMOTIONS OR PRIZES OFFERED THROUGH OUR SERVICES; (D) ANY UNAUTHORIZED ACCESS OR MODIFICATION TO YOUR DATA; (E) CONDUCT OR STATEMENTS FROM THIRD PARTIES ON OUR SERVICES; OR (F) ANY OTHER ASPECT LINKED TO OUR SERVICES.
IN ALL CIRCUMSTANCES, CHARITYAUCTIONSTODAY’S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU’VE PAID TO CHARITYAUCTIONSTODAY IN THE PAST SIX MONTHS OR, IF HIGHER, ONE HUNDRED U.S. DOLLARS (US$100).
CERTAIN REGIONS MAY NOT RECOGNIZE EXCLUSIONS OR LIMITATIONS ON WARRANTIES OR DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU’RE NOT SATISFIED WITH ANY PART OF OUR SERVICES OR THESE TERMS, YOUR ONLY RECOURSE IS TO STOP USING OUR SERVICES.
DISPUTE RESOLUTION
IMPORTANT NOTE: Please read this section carefully, as it involves your legal rights and obligations.
Arbitration and Class Action Waiver: BY USING OUR SERVICES, YOU AGREE that any disagreements or disputes between you and CharityAuctionsToday, or any of its officials, directors, or employees in their professional roles (even if it involves third parties) related to our relationship, these terms, your use of our platform, or any rights of privacy or publicity, will be addressed through INDIVIDUAL BINDING ARBITRATION. Both parties agree to forego the right to a jury trial. Arbitration usually offers limited discovery and appeal rights compared to court proceedings. By accepting these terms, both you and we are waiving any rights to trial by jury or participation in a class action lawsuit.
Exceptions to Arbitration: The preceding clause notwithstanding, both of us retain the right to: (i) seek redress in small claims court; (ii) initiate an enforcement action via relevant local, state, or federal agency if available; (iii) seek an injunction in court; or (iv) initiate legal action regarding intellectual property rights.
Arbitration Procedure: Arbitration will be managed under the Federal Arbitration Act, overseen by the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules, as adjusted by these Terms. Details about the AAA Rules and forms can be found at www.adr.org.
If considering arbitration, a written notice must first be sent to the other party (the “Notice of Arbitration”). For us, the current address for such notices is: CharityAuctionsToday, ℅ Legal Department, [Provide Your Address]. The Notice must (i) outline the nature and basis of the dispute and (ii) describe the relief being sought. Both parties agree to make sincere efforts to resolve the matter directly, but if no resolution is reached within 60 days of receiving the Notice, either party can start the arbitration process. All arbitration interactions will be kept confidential unless both parties agree otherwise in writing. Should the arbitrator award you a sum greater than our last documented settlement offer before the award, we will pay you the greater of: (a) the awarded sum or (b) US$10,000.
Costs: Starting an arbitration as per these terms means we’ll refund your filing fee, unless your claim exceeds US$10,000. In that situation, the AAA Rules will determine payment responsibilities. Any arbitration hearings will occur in San Francisco, California. However, for claims under US$10,000, you can decide if the arbitration will be based on: (i) documents presented to the arbitrator; (ii) a phone call; or (iii) an in-person hearing, as set by the AAA Rules in your county of billing. If the arbitrator decides that the essence of your claim or the relief you seek in the Demand is either frivolous or for an inappropriate purpose (as determined by Federal Rule of Civil Procedure 11(b)), then all fees will be determined by the AAA Rules. In this scenario, you commit to refunding us for all sums previously paid by us that you are otherwise obliged to pay according to the AAA Rules.
No Group Lawsuits: BOTH YOU AND WE AGREE that all claims will be made individually and not as a plaintiff or member in any class or representative action. The arbitrator may not merge multiple individuals’ claims or preside over any form of group or representative action unless both you and we agree.
Changes to Arbitration Rules: Future changes to this arbitration agreement, barring changes to our Notice of Arbitration address, can be rejected by sending us a written rejection within 30 days of the change to our Notice of Arbitration address, which will lead to immediate termination of your account. The version of this arbitration agreement in place just before any changes you reject will remain in effect.
Enforceability and Confidentiality: If this section is determined to be unenforceable, then this entire section becomes null and void. In such a scenario, disputes will be handled as detailed in the “General” section that follows. Both parties agree to treat the details of any arbitration, any information exchanged, and any settlement offers as confidential, unless legally required otherwise or requested by law enforcement or any government agency. However, either party can share these details confidentially with accountants, auditors, or insurance providers.
TERMINATION
You acknowledge that CharityAuctionsToday reserves the right, at its sole discretion, to suspend or end your account (or any part of it) or your access to our platform. We may also remove or delete any content or data you’ve provided, at any time, for any reason, without prior notice. CharityAuctionsToday will not be held accountable to you or any third party for any claims, damages, expenses, or losses that may result from such actions.
USER DISPUTES
You understand and acknowledge that you are solely accountable for your interactions with other users on CharityAuctionsToday’s platform. CharityAuctionsToday will not be held responsible or liable for any issues arising from such interactions. While CharityAuctionsToday reserves the right to intervene in disputes between users, it is not obligated to do so.
GENERAL
These Terms of Service represent the complete understanding between you and CharityAuctionsToday regarding your use of our platform, replacing any prior understandings between you and CharityAuctionsToday related to the Services. You might also be bound by additional terms if you use services from our affiliates, third-party content, or third-party software. For any disputes not covered by arbitration, as outlined previously, you and CharityAuctionsToday consent to the exclusive legal jurisdiction of state and federal courts in DuPage County, Illinois. The inability of CharityAuctionsToday to act on or enforce any term does not mean we’ve waived that right. If any term is deemed invalid by a competent court, the remaining terms will stay in effect, and the court should respect the parties’ original intentions. Any claim related to these terms or our services must be filed within a year of its occurrence. A physical copy of this agreement holds the same weight as an electronic version in legal or administrative contexts. You can’t transfer these terms without our written permission, but we may transfer them as needed. Not acting on a right doesn’t mean we waive it. The titles in these terms are merely for reference. We might send notices to you through email or regular mail, and we might also display notifications on our platform about changes to these terms or other topics. In events like mergers, acquisitions, or reorganizations, CharityAuctionsToday can assign our rights or delegate duties without informing you. We always comply with the law. External factors beyond our control, like natural disasters, wars, governmental regulations, health threats recognized by global health organizations, transportation issues, or resource shortages, won’t hold us liable if they affect our services.
