Terms of Service
Date of Last Revision: October 12, 2009
Welcome to CafeGive®, a for benefit company focused on building a thriving community of nonprofit organizations, consumers and merchants dedicated to grassroots fundraising through e-commerce. The CafeGive site is operated by CafeGive, LLC (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.cafegive.com you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms"), whether or not you are a registered member of CafeGive. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.
This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. Use of this site by any user shall be deemed to be a representation that the user is 13 years of age or older.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Trademarks, Copyrights and Restrictions
This Site, and materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the "Materials") are the property of CafeGive and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by CafeGive and by copyright law, trademark law, international conventions and other intellectual property laws. By way of example, and not as a limitation, "CafeGive" is a registered trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.cafegive.com, without the prior written permission of CafeGive. Creation and distribution of CafeGive widgets ("widgets") is limited to use as permitted and defined by CafeGive from time to time, and is intended for the sole purpose of (1) pairing CafeGive nonprofits with CafeGive featured merchants and the merchants' products and (2) distributing and posting the CafeGive Widgets.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, throughout the use of framing or otherwise, except: (a) as expressly permitted by these terms or (b) with the prior written permission of CafeGive or such third party that may own the trademark or copyright of information displayed on this Site.
You understand that the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account or register for a User account on behalf of an individual other than yourself
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- violate any applicable law or regulation.
In the creation, posting and distribution of widgets, you agree to not post to websites or in any media that:
- are in clear opposition to any nonprofit or any merchant represented within any widget
- contain content that is illegal, pornographic or promoting violence or illegal activity
- discriminating in any way on the basis of race, national origin, gender, sexual orientation or religion
In all cases, CafeGive reserves the right, at its sole discretion, to inactivate widgets posted in locations deemed inappropriate or in direct conflict with the intentions of CafeGive, the merchants, or the nonprofits that we work with.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. CafeGive does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
CafeGive is not responsible for the content of any site that may be linked to or from www.cafegive.com, CafeGive widgets, or any bulletin board associated with CafeGive. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from CafeGive, and CafeGive has no control over the content of that other web site. In addition, a link to any other web sites does not imply that CafeGive endorses or accepts any responsibility for the content or use of such other web site.
Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by CafeGive of that third party or of any product or service provided by a third party.
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by nonprofits participating with CafeGive.
CafeGive receives a commission from merchants or products featured on our site where a user clicks on a link to that merchant or product from www.cafegive.com or from a Cafegive widget featuring that merchant or product and makes a purchase at the merchant site. CafeGive shares that commission with the nonprofit paired with that merchant or product in the widget or designated to earn from shopping through www.cafegive.com per an agreement with that nonprofit. These earnings do not constitute donations to the nonprofit but rather payments to the nonprofit that is paired with the merchant or product in offering. The actual percent earned by the nonprofit is always clearly displayed within the widget. For transactions originating from www.cafegive.com or through a CafeGive widget, the percentages on the widgets reflect the percent of the user's purchase price (excluding shipping and taxes) at the merchant that will be paid by CafeGive to the nonprofit. Payments are made to nonprofits on a quarterly basis when contributions exceed $25 in account and payments have been received by CafeGive from merchant or affiliate network.
Merchant commissions are subject to change with limited notice. CafeGive makes every effort to update earnings on website and in any widgets immediately upon notification from merchant. Completed transactions at time of change will receive previously stated earnings.
CafeGive seeks to provide its service to nonprofits doing good things in the world. Views and causes represented by the nonprofits included on CafeGive's site in no way represent the views of CafeGive, its owners, directors, or employees. CafeGive reserves the right to remove nonprofits from its offering where we deem appropriate. CafeGive works with only nonprofit organizations that are tax exempt under section 501(c)3 of the Internal revenue Code and will not work with nonprofits promoting discrimination, violence or illegal activity.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify CafeGive, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in CafeGive's defense and/or settlement of any claim. CafeGive reserves the right to assume that exclusive control over the defense. and settlement of any matter subject to indemnification by you.
CAFEGIVE'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. CAFEGIVE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, CAFEGIVE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS MERCHANTS OR NONPROFITS IN CONJUNCTION WITH CAFEGIVE.
THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAFEGIVE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.
EXCLUSION OF DAMAGES
NEITHER CAFEGIVE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF CAFEGIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
CafeGive operates the Site from its offices within the United States. CafeGive makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN PORTLAND, OREGON, AND USER AND CAFEGIVE BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL IN NO CASE EXCEED $1000. YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may, without liability, immediately terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application, delete or inactivate any widgets created or shared by you, and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Site or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13, if it believes you have violated the Company's user content policies, or if rights granted to the Company by a merchant or nonprofit organization have expired or are terminated.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CafeGive reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, CafeGive will post the changes on the CafeGive site(s). Also, CafeGive may ask Users to review and consent to the changes at the time of User's next account login or at the time of his/her next visit to the Site. By continuing to use the CafeGive's Site(s) and Services after such notice and consent, User agrees to be bound by the changes to this Agreement.
Welcome to CafeGive! We hope you enjoy participating in a vibrant, passionate online community of those shopping and campaigning for causes they care about.