1 Acceptance of our Terms
givingaway.org provides a collection of online resources which include classified ads, forums, various email services, (referred to hereafter as “the Service”)
You understand that givingaway.org does not control and is not responsible for listings, messages, comments, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service. It is the sole responsibility of the person from whom such Content originated or posted. You understand that givingaway.org does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. Furthermore, the givingaway.org site and Content available through the website may contain links to other websites, which are completely unrelated to givingaway.org. Givingaway.org makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will givingaway.org be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, posted, emailed or otherwise made available via the Service. You acknowledge that givingaway.org does not pre-screen or approve Content, but that givingaway.org will have the right (but not the obligation) in its sole discretion to refuse, change, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
3 Notification of Claims of Infringement
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a givingaway.org's agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org
Please provide our Agent with the following Notice:
1. Identify the material on the givingaway.org site that you claim is infringing, with enough detail so that we may locate it on the website;
2. Identify the copyrighted work or other intellectual property that you claim has been infringed upon;
3. A statement by you that you have good faith belief and reason that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address;
6. Your physical or internet/electronic signature.
givingaway.org will remove the infringing listing(s).
4 Privacy and Information Disclosure
By using this website acknowledge and agree that givingaway.org may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a Third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of givingaway.org, its users or the general public.
You agree not to post, email, or otherwise make available Content:
1) that violates any law;
2) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
3) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4) that impersonates any person or entity, including, but not limited to, a givingaway.org employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
5) that includes personal or identifying information about another person without that person's explicit consent;
6) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
7) that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
8) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
9) that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the givingaway.org sites which are not designated for such purposes; or (2) emailed to givingaway.org users who have requested not to be contacted about other services, products or commercial interests;
10) that includes links to commercial services or web sites, except as allowed in “services”;
11) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
13) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
14) that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York Law or Local Law where the ad was posted.
Additionally, you agree not to:
1) contact anyone who has asked not to be contacted;
2) “stalk” or otherwise harass anyone;
3) collect personal data about other users for commercial or unlawful purposes;
4) attempt to gain unauthorized access to givingaway.org's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the givingaway.org website;
5) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
6) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
7) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.
6 No Spam Policy
You understand and agree that sending unsolicited email advertisements to givingaway.org's email addresses or through givingaway.org computer systems is expressly prohibited by these Terms. Any unauthorized use of givingaway.org computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7 Limitations on service
You acknowledge that givingaway.org may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that givingaway.org has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that givingaway.org reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that givingaway.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8 Termination of service
You agree that givingaway.org, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if givingaway.org believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that givingaway.org shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. All Sections of the Terms shall survive the Termination of the Terms.
9 Dealings with organizations and individuals
In Any Case shall not givingaway.org be responsible or liable for any interactions between you and any organizations and/or individuals found on the website or through the Service, including, but not limited to, any payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals.
Also you agree that givingaway.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that givingaway.org is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release givingaway.org, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
10 Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work is prohibited. Also is prohibited any copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution. You further agree not to reproduce, duplicate or copy any content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, sell, copy, resell or exploit for any commercial purposes, any aspect of the website and/or the Service.
Although givingaway.org does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to givingaway.org an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, change, modificate, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. These rights are needed us to host and display the content posted by you or your agent.
11 Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT:
1) USE OF THE GIVINGAWAY.ORG WEBSITE AND THE SERVICE IS ENTIRELY A T YOUR OWN RISK.
2) THE GIVINGAWAY.ORG WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
3) ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ALSO YOU AGREE:
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GIVINGAWAY.ORG WEBSITE AND THE SERVICE.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GIVINGAWAY.ORG WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GIVINGAWAY.ORG WEBSITE.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG DISCLAIMS ANY WARRANTIES FOR VIRUSES ANY BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GIVINGAWAY.ORG SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG DISCLAIMS ANY WARRANTIES FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GIVINGAWAY.ORG WEBSITE.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GIVINGAWAY.ORG SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIVINGAWAY.ORG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. GIVINGAWAY.ORG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
-TO THE FULLEST EXTENT PERMITTED BY LAW, GIVINGAWAY.ORG MAKES NO WARRANTIES OR REPRESENTATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GIVINGAWAY.ORG SITE ALSO.
12 Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL GIVINGAWAY.ORG BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GIVINGAWAY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE OR ANY LINKS ON THE GIVINGAWAY.ORG WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVINGAWAY.ORG WEBSITE OR THE SERVICE OR ANY LINKS ON THE GIVINGAWAY.ORG WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY ACKNOWLEDGE THAT GIVINGAWAY.ORG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. GWC MAKES NO REPRESENTATIONS THAT THE GIVINGAWAY.ORG WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS AS WELL. THOSE WHO ACCESS OR USE THE GIVINGAWAY.ORG WEBSITE FROM OTHER JURISDICTIONS DO THAT AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You expressly agree to indemnify and hold givingaway.org, its officers, owners, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of any term of the Terms, your breach of any of the representations and warranties herein, your violation of any rights of another, your use of and access to the givingaway.org, your violation of any third party right(s), including without limitation any copyright, property, or privacy right or any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the givingaway.org website.
14 General information
The Terms and the other policies posted on givingaway.org constitute the entire agreement between you and givingaway.org and govern your use of the Service, superseding any prior agreements between you and givingaway.org. The Terms and the relationship between you and givingaway.org shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and givingaway.org agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of givingaway.org to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 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 givingaway.org, it's Service and/or the Terms must commence within one (1) year after the cause of action accrues or such cause of action is permanently and forever barred.
15. ABILITY TO ACCEPT TERMS OF SERVICE
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, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the givingaway.org site is not intended for children under 13. If you are under 13 years of age, then please do not use the givingaway.org site. Ask your parents about what sites are appropriate for you or be with them at the moment you are going use any unknown internet service.
16 Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by marking the posting(s) for review by pressing “MARK TO REMOVE”, or by emailing to:email@example.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay givingaway.org liquidated damages as follows:
1) If you post a message that (a) impersonates any person or entity; (b) falsely states or otherwise misrepresents your affiliation with a person or entity; or (c) that includes personal or identifying information about another person without that person's explicit consent, you agree that givingaway.org in its sole discretion may disclose identifying information about you to the victim, and that should givingaway.org bring a claim against you in court, that you will pay givingaway.org one thousand dollars ($1,000) for each such message.
2) If givingaway.org establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay givingaway.org one hundred dollars (US$100) for each message posted in excess of such limits or for each day on which you access givingaway.org in excess of such limits, whichever is higher.
3) If you send unsolicited email advertisements to givingaway.org email addresses or through givingaway.org computer systems, you agree to pay givingaway.org twenty five dollars (US$25) for each such email.
4) If you post messages in violation of these Terms, other than as described above, you agree to pay givingaway.org one hundred dollars (US$100) for each such message. In its sole discretion, givingaway.org may elect to issue a warning before assessing damages.
Otherwise, you agree to pay out givingaway.org's actual damages, to the extent such actual damages can be reasonably calculated.
17 MODIFICATIONS TO THIS AGREEMENT
1) WE ARE NOT RESPONSIBLE FOR ANYTHING, including, but not limited to, ANY LOSTS OF ADS AND/OR DELAYS. USE GIVINGAWAY.ORG WEBSITE ASIS.Also we are not responsible for doings of any bots and for anything what became a result of such doings.
3) GWC doesn't have and/or keep any free items (free stuff) posted on GWC and is unable to give them away. Please don't ask GWC to keep any free items and/or negotiate giving them away with others. Under any circumstances GWC IS UNABLE TO DO THAT. GWC is not involved in any negotiations between Users of www.givingaway.org
4) Note! GWC neither verifies users nor approves ads posted on givingaway.org. All donations on GWC should be made under your own responsibility. GWC is not responsible for any donations made using its services.
5) You agree that both GWC and its Users may send you any e-mails and may contact you using any information posted on givingaway.org.
6) You agree that sending money to Your Account is not tax deductible and GWC will keep 3% from the amount transferred plus standard PayPal fees to pay out expenses.
7) We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Terms on a regular basis to keep yourself aware about any changes.