DT hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use our Site only for the purpose of making personal, non-commercial use of our Site. Your use of our Site for any other purpose unless expressly agreed to by DT in advance is expressly forbidden.
Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by DT in writing.
Minimum Age Requirement
You must 18 years of age or older to use our Site. By using our Site you represent that you are at least 18 years old.
Our Intellectual Property
Unless owned by another entity, all text, graphics, photographs, databases, lists, icons, buttons, video, audio, and software (collectively “Content”) contained on our Site belong to DT. The marks “DONATION TOWN” and “DONATIONTOWN.ORG” (and related design marks) are our trademarks. All other marks used on our Site are trademarks of their respective owners.
Your Intellectual Property (Charity owners and authorized representatives)
If you own a charity or other entity you may desire to share your intellectual property with us such as by providing us with your charity’s trademark or other intellectual property including copyrighted text. If you submit intellectual property to us, whether through an online form at our Site or via any other recorded communication method, you represent and warrant that you are the owner of the intellectual property submitted or are authorized to act on behalf of the owner.
When you submit your intellectual property to us you grant us a revocable, non-exclusive, worldwide license to use that intellectual property in all lawful ways whether on our Site (including in our Site’s source code and META data) or in any other medium including without limitation as a keyword and in the advertising text of online advertising programs such as Google Adwords. You further agree to indemnify and hold us harmless for any liability that may arise out of our authorized use of the intellectual property as expressly granted by you in this section.
Exclusive Publication Discretion
If you submit information to us, including information about a charity or other entity, we shall have no obligation to publish that information. Any information we publish about a charity or entity shall be published at our sole independent discretion. Accordingly, we shall have exclusive authority to determine whether any information you share with us shall be published in whole or in part and where such information shall be displayed on our Site.
Links to External Sites
Throughout our Site you will find links to third party websites that are not owned or controlled by us. You understand and agree that we are not responsible for these sites, and we are not responsible for problems or harm you may encounter related to their operation, content or services.
“Charity” Tax, Legal and Safety Status
We use our best efforts to provide accurate information regarding the charitable donation community, however, we make no promise, guarantee, representation, or assurance regarding any particular entity or aspect thereof published on our Site, including without limitation its tax status or the quality or safety of its services.
You should thoroughly investigate any entity to which you are considering making a donation before making the donation or requesting that the entity schedule a pick-up of items from you. Do not rely on the information published on our Site for answers to any question that may have tax, legal, or other serious safety consequences. We do not provide tax, legal or other professional advice.
Representation & Warranties Disclaimer
WE DISCLAIM ANY AND ALL WARRANTIES THAT MAY EXPRESS OR IMPLY THAT OUR WEBSITE OR THE INFORMATION PUBLISHED THEREIN WILL BE ACCURATE OR ERROR FREE. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ITS ACCESSIBILITY OR UNINTERUPTED OPERATION. NEITHER DONATION TOWN NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONTRIBUTORY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE.
Furthermore, the Content published on our Site is provided for general informational purposes only. Any consequence that arises from your use of the information published at our Site is solely your responsibility and we disclaim all liability for any resultant harm that arises from your use of our Site.
You expressly agree and understand that our Site is not meant to stand in the place of your independent direct investigation of any entity or charity and you agree to carry out such direct investigation prior to dealing with any entity published on our Site. You shall solely bear all liability for any consequence, action or harm arising from your dealings with any entity published on our Site including without limitation harm or damages that may arise when a charity or other entity attempts to pick up items from you.
Applicable Law & Venue
Our Site is owned by a California entity. As such, the laws of the State of California will govern these terms, and conditions, without regard to conflicts of laws. Any dispute relating in any way to your visit or use of our Site shall be submitted to confidential arbitration in Los Angeles, California except that, to the extent you have in any manner violated or threatened to violate its intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of our Website or these Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arises or be barred forever.
Furthermore, the maximum aggregate possible liability that we shall incur for any and all breach(es) of this Agreement shall be One Hundred Dollars ($100.00).
This section is not intended to be mutual and your liability to us shall not be limited in time or in amount.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the validity or enforceability of any other provision of this Agreement in that jurisdiction shall not be affected; nor shall the validity or enforceability in other jurisdictions of that or any other provision of this Agreement be affected.
September 8, 2008