PS GIVE INC.
Website Terms
and Conditions of Use
1. User’s Acknowledgment
and Acceptance of Terms
PS
Give Inc. (referred to as “us” or “we”) provides the PSgive.org
website and various related services (together referred to as this “Website”)
subject to your compliance with all the terms, conditions, and notices
contained or referenced herein (the “Terms of Use”), as well as
any other written agreement between us and you. In addition, when
using particular services on this Website, users shall be subject to
any posted guidelines or rules applicable to such services or materials
that may contain terms and conditions in addition to those in these
Terms of Use. All such guidelines or rules are hereby incorporated
by reference into these Terms of Use.
BY
COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, YOU AGREE
TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY
FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY
PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH
THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES.
YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS
WEBSITE.
We reserve the right
to change these Terms of Use from time to time without notice to you.
You acknowledge and agree that it is your responsibility to review this
Website and these Terms of Use periodically and to be aware of any modifications.
Your continued use of this Website after such modifications will constitute
your acknowledgement of the modified Terms of Use and agreement to abide
and be bound by the modified Terms of Use.
As
used in these Terms of Use, references to our “Affiliates” include
our owners, officers, directors, suppliers, charities, sponsors, and
advertisers, and includes (without limitation) all parties involved
in creating, producing, and/or delivering this Website and/or its contents.
2. Description of Services
We
make various events available on this Website. Fees to take part
in the events are set out in the membership and service fees described
elsewhere on this Website. You are solely responsible for providing,
at your own expense, all equipment necessary to use the services, including
a computer, modem, and your own Internet access (including payment of
telephone or other service fees associated with such access).
We
reserve the right in our sole discretion to either modify or discontinue the Website,
including any features therein, at any time, with or without notice
to you. We shall not be liable to you or any third party should
we exercise such right. Modifications may include, but are not
limited to, changes in the pricing structure or the addition of fee-based
services. Any new features that augment or enhance the then-current
services on this Website shall also be subject to these Terms of Use.
You
understand and agree that temporary interruptions of the events available
on this Website may occur under normal circumstances. You further
understand and agree that we have no control over third-party networks
you may access in the course of the use of this Website, and therefore,
delays and disruption of other network transmissions are completely
beyond our control.
You
understand and agree that the events on this Website are provided “AS
IS” and that we assume no responsibility for the timeliness, deletion,
misdelivery, or failure to store any user communications or personalization
settings.
3. Eligibility
Accounts on the Website are limited to ONE PER PERSON.
To be eligible to register and open an account and/or participate in any
event offered on the Website, you must: (a) be a natural person at least
18 years of age or older, who is assigned to the e-mail address submitted
on your account registration form; (b) be a legal resident of the United
States with a U.S. address and currently residing at the address in
an eligible location; (c) be physically located within the U.S.; (d)
be physically located in a U.S. state in which participation in the
event you select on the Website is unrestricted by law; and (e) at all
times abide by the Terms of Use. By using or accessing the Website,
you represent and warrant that you have the right, authority, and capacity
to enter into this agreement to abide by the Terms of Use. VOID
WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or
participate in any event offered on the Website while located in a prohibited
jurisdiction, you may be in violation of the law of such jurisdiction
and will be in violation of the Terms of Use and subject to having your
account suspended or terminated. In addition, and without limiting
any rights or remedies available to the Website, in the event of any
violation of the Terms of Use, all unused tokens will be forfeited,
and all sale item offers(if any) may be voided, and in the event such
sale items have already been purchased by you, recouped by the us, at
our sole and absolute discretion.
In
addition, you are subject to all laws of the city, state, federal, province
and/or country in which you reside and from which you access the Website
and are solely responsible for obeying those laws. Access to the Website
may not be legal for some or all residents of, or persons present in,
certain jurisdictions. You agree that we cannot be held liable if laws
applicable to you restrict or prohibit your participation. We make
no representations or warranties, express or implied, as to the lawfulness
of your accessing the Website or participating in any events, products
or services offered by or through the Website, nor shall any person
affiliated, or claiming affiliation, with us have authority to make
any such representations or warranties.
WE MAY REQUIRE ANY PARTICIPANT WHO WINS AN EVENT ON THE WEBSITE
TO PROVIDE US WITH PROOF THAT HE OR SHE IS, OR WAS AT THE TIME
THE SUBJECT EVENT TOOK PLACE, ELIGIBLE TO PARTICIPATE ACCORDING
TO THE TERMS OF USE.
YOU AGREE THAT WE MAY AT ANY TIME, AND IN OUR SOLE DISCRETION, TERMINATE YOUR MEMBERSHIP WITHOUT PRIOR NOTICE TO YOU FOR VIOLATING ANY OF THE PROVISIONS OF THE TERMS OF USE, OR FOR ANY OTHER REASON THAT WE, IN OUR SOLE DISCRETION, DEEM APPLICABLE.
4. Registration Data and
Privacy
In
order to access this Website, you will be required to have a separate
account and password that can be obtained by completing our online registration
form, which requests certain information and data (“Registration Data”).
By registering, you agree that all information provided in the Registration
Data is true and accurate and that you will maintain and update this
information as required in order to keep the information current, complete, and accurate.
Knowingly submitting incomplete or inaccurate Registration Data or other information,
or failing to update and maintain current, complete and accurate Registration Data
or information, may result, without limitation, in immediate termination of your
account without refund and forfeiture of any unused tokens, and right to any unpurchased
and/or purchased sale items.
You
also grant us the right to disclose to third parties certain Registration
Data about you. The information we obtain through your use of
this Website, including your Registration Data, is subject to our Privacy
Policy, which is specifically incorporated by reference into these Terms
of Use.
5. Payment of Fees
If
you use this Website and your use requires payment of a fee, you agree
to pay all fees associated with your use. For all charges on this
Website, we will charge your account via the payment method chosen by
you. Recurring charges are billed in advance. You agree
to provide us with accurate and complete billing information, including
valid credit card information, your name, address and telephone number,
and to provide us with any changes in such information within seven
days of the change.
If,
for any reason, your credit card company refuses to pay the amount billed
for the use of the Website, you agree that we may, at our option, suspend
or terminate your membership to the Website and require you to pay the
overdue amount by other means acceptable to us. We may charge
a fee for reinstatement of suspended or terminated accounts. You
agree that until your membership to the service is terminated, you will
continue to accrue charges for which you remain responsible, even if
you do not use the Website.
In
the event legal action is necessary to collect on balances due, you
agree to reimburse us for all expenses incurred to recover sums due,
including collection and/or attorney fees and other legal expenses.
You agree that we are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Website.
ANY ATTEMPT TO DEFRAUD THE WEBSITE THROUGH THE USE OF CREDIT CARDS OR OTHER
METHODS OF PAYMENT OR THE USE OF MULTIPLE ACCOUNTS TO MANIPULATE THE OUTCOME OF
EVENTS, REGARDLESS OF THE OUTCOME, OR ANY FAILURE BY YOU TO HONOR LEGITIMATE CHARGES
OR REQUESTS FOR PAYMENT WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT,
FORFEITURE OF ANY SALE ITEMS AND/OR TOKENS TO WHICH YOU ARE OTHERWISE ENTITLED,
AND ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION. NO REFUNDS
WILL BE PROVIDED IF AN ATTEMPT TO DEFRAUD THE WEBSITE IS LINKED TO YOUR ACCOUNT,
IN THE SOLE DISCRETION OF THE WEBSITE.
6. Conduct on Website
Your
use of the Website is subject to all applicable laws and regulations,
including Netiquette, and you are solely responsible for the contents
of your communications through the Website. By posting information
in or otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service that
may be available to you on or through this Website, you agree that you
will not upload, share, post, or otherwise distribute or facilitate
distribution of any content - including text, communications, software,
images, sounds, data, or other information - that:
a. Is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another’s privacy, tortious, contains explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or policies;
b. Victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right
of any party;
d. Constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as “spamming”), chain
letters, any other form of unauthorized solicitation, or any form of
lottery or gambling;
e. Contains software viruses or any
other computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
f. Impersonates any person or entity,
including any of our employees, representatives, partners, or other
affiliates.
We
neither endorse nor assume any liability for the contents of any material
uploaded or submitted by third-party users of the Website. We
generally do not prescreen, monitor, or edit the content posted by users
of communications services, chat rooms, message boards, newsgroups,
software libraries, or other interactive services that may be available
on or through this Website. However, we and our authorized agents have
the right in our sole discretion to remove any content that, in our
judgment, does not comply with these Terms of Use and any other rules
of user conduct for our Website, or is otherwise harmful, objectionable,
or inaccurate. We are not responsible for any failure or delay
in removing such content. You hereby consent to such removal and
waive any claim against us arising out of such removal of content.
See “Use of Your Materials” below for a description of the procedures
to be followed in the event that any party believes that content posted
on this Website infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or
server. Not all areas of the Website may be available to you or
other authorized users of the Website. You shall not interfere
with anyone else’s use and enjoyment of the Website. Users who
violate systems or network security may incur criminal or civil liability.
In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network security
at other websites, including cooperating with law enforcement authorities
in investigating suspected criminal violations.
7. Third-Party Websites and
Information
This
Website may link you to other websites on the internet or otherwise
include references to information, documents, software, materials and/or
services provided by other parties. These websites may contain
information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you
acknowledge that we are not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of
such websites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The
inclusion of such a link or reference is provided merely as a convenience
and does not imply endorsement of, or association with, the Website
or party by us, or any warranty of any kind, either express or implied,
unless otherwise noted on the Website.
8. Intellectual Property
Information
For
purposes of these Terms of Use, “content” is defined as any information,
communications, software, photos, video, graphics, music, sounds, and
other material and services that can be viewed by users on our Website.
This includes, but is in no way limited to, message boards, chat, and
other original content.
By
accepting these Terms of Use, you acknowledge and agree that all content
presented to you on this Website is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws, and is
the sole property of PS Give Inc. and/or its Affiliates. You are
only permitted to use the content as expressly authorized by us or the
specific content provider. You may not copy, reproduce, modify,
republish, upload, post, transmit, or distribute any documents or information
from this Website in any form or by any means without prior written
permission from us or the specific content provider, and you are solely
responsible for obtaining permission before reusing any copyrighted
material that is available on this Website. Any unauthorized use
of the materials appearing on this Website may violate copyright, trademark,
and other applicable laws and could result in criminal or civil penalties.
Neither
we nor our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the rights
of third parties. See “Use of Your Materials” below for a
description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right
of any party.
All
custom graphics, icons, logos and service names are registered trademarks
or trademarks or service marks of PS Give Inc. or its Affiliates.
All other logos, trademarks or service marks are property of their respective
owners. Nothing in these Terms of Use grants you any right to
use any trademark, service mark, logo, and/or the name of PS Give Inc.
or its Affiliates.
9. Use of Your Materials
Subject
to our Privacy Policy, any communication or material that you transmit
to this Website or to us, whether by electronic mail or other means,
for any reason, will be treated as non-confidential and non-proprietary.
While you retain all rights in such communications or material, you
grant us and our designated licensees a non-exclusive, paid-up, perpetual,
and worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such material for any purpose
regardless of the form or medium (now known or not currently known)
in which it is used.
Please
do not submit confidential or proprietary information to us unless we
have mutually agreed in writing otherwise. We are also unable
to accept your unsolicited ideas or proposals, so please do not submit
them to us without us soliciting your feedback or clearing it with us
first. Unsolicited ideas that are incorporated by the Website will
be the sole and exclusive property of the Company. Furthermore,
we are free to use any ideas, concepts, know-how or techniques contained
in any communication you send to us for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products
using such information, without any additional compensation or other
liability or obligation whatsoever to you.
We
respect the intellectual property of others, and we ask you to do the
same. If you or any user of this Website believes its copyright,
trademark, or other property rights have been infringed by a posting
on this Website, you or the user should send notification to our designated
agent immediately at info@psgive.org. To be effective,
the notification must include:
a. A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
b. Identification of the copyrighted
work claimed to have been infringed;
c. Information reasonably sufficient
to permit us to contact the complaining party, such as address, telephone
number and, if available, an electronic mail address at which the complaining
party may be contacted;
d. Identification of the material that
is claimed to be infringing or to be subject to infringing activity
and that is to be removed and information reasonably sufficient to permit
us to locate the materials;
e. A statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, agent, or the
law; and
f. A statement that the information
in the notification is accurate and, under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
By
registering for an account, you agree that we may display your username
and event records. If you win an event on the Website, you agree to
allow us to print, publish, broadcast and use, worldwide, in any media
and at any time, your name, picture, voice, likeness, and/or biographical
information for promotional, marketing or related purposes without additional
compensation.
10. Disclaimer of Warranties
ALL
MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY
OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE,
OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED
OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS
WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS
OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
THE
USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH
YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through
your use of the Website, you may have the opportunities to engage in
commercial transactions with other users and vendors. You acknowledge
that all transactions relating to any merchandise or services offered
by any party, including, but not limited to, the purchase terms, payment
terms, warranties, guarantees, maintenance and delivery terms relating
to such transactions, are agreed to solely between the seller or purchaser
of such merchandise and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS
WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON
OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Before
purchasing products and services on or through this Website, review
our terms of sales which are incorporated by reference into these Terms
of Use.
Content
available through this Website often represents the opinions and judgments
of an information provider, Website user, or other person or entity
not connected with PS Give Inc. We do not endorse, nor are we
responsible for, the accuracy or reliability of any opinion, advice,
or statement made by anyone other than an authorized PS Give Inc. spokesperson
speaking in his/her official capacity. Please refer to the specific
editorial policies posted on various sections of this Website for further
information, which policies are incorporated by reference into these
Terms of Use.
In
addition, the materials on this Website may include sample or form agreements,
letters or other documents, including financially or legally significant
documents such as contracts and other items (“Forms”). These
Forms are provided solely as examples of typical documents of their
kind, and the delivery and use of Forms does not constitute legal, accounting,
or other professional advice. Under no circumstances will PS Give
Inc. or its Affiliates be liable for any loss or damages caused by your
reliance on information or advice obtained through this Website, including
your use of any of the Forms. It is your responsibility to evaluate
the accuracy, completeness, or usefulness of any information, opinions,
advice, Forms, or other content available on or through this Website.
In particular, you are urged to consult an appropriate professional
licensed in your jurisdiction before using any Forms or otherwise relying
on any legal, accounting, or other professional advice or information
obtained on or through this Website.
SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Shipping and Delivery.
All
goods are shipped F.O.B. Origin, and accordingly, the Website takes
no responsibility for any damage incurred during shipping and thereafter.
Costs of shipping are borne by you. In certain specifically disclosed
events, the Website may choose to bear the cost of shipping within the
continental U.S., although the Website is under no obligation to do
so. All items purchased from us are made pursuant to a shipment
contract, and therefore, the risk of loss and title for such items pass
to you upon delivery of the item to the carrier. Unless otherwise
stated, delivery will be made directly from our third party suppliers
or from our warehouse to the shipping address provided by you. Deliveries
are made solely within the 50 states of the United States (explicitly
excluding the U.S. sovereign territories of Guam, Puerto Rico and the
U.S. Virgin Islands). Some restrictions or higher shipping costs may
apply if the delivery address is in Alaska or Hawaii. You acknowledge
that delivery times vary and any delivery time indicated is provided
only as a guide and is not guaranteed. We shall be entitled to involve
third parties to satisfy its contractual obligations without being required
to notify you. Should we not be able to deliver the item ordered, we
shall be entitled to substitute the item with a comparable replacement
product with similar or better features, or provide a refund of the
event end price to you based upon your preference.
12. Limitation of Liability
Your
exclusive remedy and our entire liability, if any, for any claims arising
out of these Terms of Use and your use of this Website shall be limited
to the amount you paid us for the services on the Website during the
three-month period before the act giving rise to the liability.
IN
NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
FURTHER,
WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES
OFFERED THROUGH THIS WEBSITE.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
13. Indemnification
You
agree to defend, indemnify, and hold our Affiliates and us harmless
from all liabilities, claims, and expenses, including attorneys’ fees,
which arise from your use or misuse of this Website. We reserve
the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
14. Use of
Event Participant Information
By
registering for an account, you agree that we may display your username
and event records. By accepting any sale item from us, you agree to
allow us to print, publish, broadcast and use, worldwide, in any media
and at any time, your name, picture, voice, likeness, and/or biographical
information for promotional, marketing or related purposes without compensation.
15. Participation in Promotions
From
time to time, this Website may include advertisements offered by third
parties. You may enter into correspondence with or participate
in promotions of the advertisers showing their products on this Website.
Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions,
warranties, or representations associated with such correspondence or
promotions, are solely between you and the advertiser. We assume
no liability, obligation, or responsibility for any part of any such
correspondence or promotion.
16. Use of Website
You
acknowledge that we may establish general practices and limits concerning
use of the services available on our Website, including without limitation
the maximum number of days that uploaded content will be retained on
the Website, the maximum disk space that will be allotted on our servers
on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the services in a given period of time.
You agree that we have no responsibility or liability for the deletion
or failure to store any content maintained or transmitted on or through
this Website. You acknowledge that we reserve the right to log
off and/or delete accounts which have not paid a membership fee that
are inactive for an extended period of time. You further acknowledge
that we reserve the right to change these general practices and limits
at any time, in our sole discretion, with or without notice.
You
may not use this Website to publish material that we determine, at our
sole discretion, to be unlawful, indecent, or objectionable, or which
violates the restrictions in these Terms of Use. We will not routinely
monitor the contents of your online portfolio. You are solely
responsible for any information contained in your online portfolios.
However, if complaints are received regarding language, content, or
graphics contained in your online portfolio, we may, at our sole discretion,
remove the images hosted on our servers and terminate your Web hosting
service. We may also suspend the account, restrict access to it, or
remove content from it if necessary or appropriate.
The
accounts of our users operate on shared resources. Excessive use or
abuse of these shared network resources by one user may have a negative
impact on all other users. Misuse of network resources in a manner that
impairs network performance, including excessive consumption of CPU
time, memory, disk space, and session time, is prohibited and may result
in termination of your account or limitation of your activities.
We
assume no responsibility, and shall not be liable for, any damages to,
or viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing in the Website or
your downloading of any materials, data, text, images, video or audio
from the Webite.
In
case of a malfunction or disruption of service for which the Website
is responsible that prevents you from completing an event in which you
have begun to participate, we will, upon receipt of a refund request
and verification of the status of the alleged malfunction or disruption
of services, replace any tokens used inthat unfinished event only. We
reserve the right to determine, in our sole discretion, whether the
Website is responsible for any such malfunction or disruption. We also
reserve the right to limit your event access or terminate your account
should we determine, in our sole discretion, that you have intentionally
caused such a malfunction or disruption on the Website. We are not
liable for any potential sale item from any unfinished event.
By registering for an account and/or participating in the events offered by or through the Website, you agree that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or your account.
ANY ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE WEBSITE’S SYSTEMS OR ANY ACCOUNT, INTERFERE WITH PROCEDURES OR PERFORMANCE OF THE WEBSITE, OR DELIBERATELY DAMAGE OR UNDERMINE THE WEBSITE IS SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION AND WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ANY TOKENS OR SALE ITEMS TO WHICH YOU ARE OTHERWISE ENTITLED.
ANY ATTEMPT TO PARTICIPATE IN ANY EVENTS OFFERED BY OR THROUGH THE WEBSITE BY MEANS
OF AUTOMATIC, MACRO, PROGRAMMED, OR SIMILAR METHODS, OR TO OTHERWISE COMMIT FRAUD
WITH REGARD TO THE WEBSITE, WILL RESULT IN THE IMMEDIATE DE-ACTIVIATION OF YOUR
ACCOUNT(S) AS WELL AS THE ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION,
TERMINATION OF YOUR ACCOUNT, AND FORFEITURE OF ALL TOKENS AND/OR SALE ITEMS TO WHICH
YOU MIGHT OTHERWISE BE ENTITLED.
17. Security and Password
You
are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions
that occur through the use of your password and account, including any
mail sent and any charges incurred. Therefore, you must take steps
to ensure that others do not gain access to your password and account.
Our personnel will never ask you for your password. You may not
transfer or share your account with anyone, and we reserve the right
to immediately terminate your account in the event of any unauthorized
transfer or sharing thereof.
18. Export Controls
Software
available on or through this Website is subject to United States Export
Controls. No software from this Website may be downloaded or exported
(a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country which the United States has embargoed goods;
or (b) anyone on the United States Treasury Department’s list of Specially
Designated Nationals or the United States Commerce Department's Table
of Deny Orders. By downloading or using the software, you represent
and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
19. International Use
Although
this Website may be accessible worldwide, we make no representation
that materials on this Website are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who choose
to access this Website from other locations do so on their own initiative
and are responsible for compliance with local laws. Any offer
for any product, service, and/or information made in connection with
this Website is void where prohibited.
20. Termination of Use
YOU AGREE THAT WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND YOUR
ACCESS TO ALL OR PART OF THE WEBSITE WITH OR WITHOUT NOTICE AND FOR ANY
REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF THESE TERMS OF USE.
ANY SUSPECTED FRAUDULENT, ABUSIVE, OR ILLEGAL ACTIVITY MAY BE GROUNDS
FOR TERMINATING YOUR RELATIONSHIP AND MAY BE REFERRED TO APPROPRIATE LAW
ENFORCEMENT AUTHORITIES.
UPON TERMINATION OR SUSPENSION,
REGARDLESS OF THE REASONS THEREFORE, YOUR RIGHT TO USE THE SERVICES AVAILABLE
ON THIS WEBSITE IMMEDIATELY CEASES, AND YOU ACKNOWLEDGE AND AGREE THAT WE MAY
IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND
FILES IN YOUR ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THIS WEBSITE.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES
ARISING OUT OF ANY TERMINATION OR SUSPENSION OR ANY OTHER ACTIONS TAKEN BY
US IN CONNECTION THEREWITH. YOUR LIABILITY FOR ANY UNPAID FEES SHALL SURVIVE
ANY TERMINATION.
IF YOU CHOOSE TO CANCEL YOUR ACCOUNT WITH THE WEBSITE, ANY UNUSED TOKENS AND/OR
SALE ITEMS WILL BE FORFEITED. IF YOUR ACCOUNT WITH THE WEBSITE REMAINS INACTIVE
FOR THREE (3) MONTHS, THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT
AND ANY UNUSED TOKENS AND/OR SALE ITEMS WILL BE FORFEITED, IF SO DETERMINED BY
THE COMPANY IN ITS SOLE DISCRETION.
21. Governing Law and Venue:
These
Terms and Conditions shall be governed by and construed in accordance
with the law of the Commonwealth of Pennsylvania, without regard to
the conflict of laws thereof, and to the laws of the United States.
Exclusive venue of any disputes arising from the use of this Website
shall be in Philadelphia County, Pennsylvania for all state court matters,
and the U.S. District Court for Eastern District of Pennsylvania for
all federal court matters.
22. Notices
All
notices shall be in writing and shall be made via e-mail. Notices to
us must be sent to the attention of Customer Service at info@psgive.org.
Notices to you will be sent to the e-mail address supplied for your
account as part of your Registration Data. In addition, we may
broadcast notices or messages through the Website to inform you of changes
to the Website or other matters of importance, and such broadcasts shall
constitute notice to you.
Any
notices or communication under these Terms of Use will be deemed delivered
to the party receiving such communication on the delivery date of the
e-mail.
23. Entire Agreement
These
Terms of Use constitute the entire agreement and understanding between
us concerning the subject matter hereof and supersedes all prior agreements
and understandings of the parties with respect thereto. These
Terms of Use may NOT be altered, supplemented, or amended by the use
of any other document(s) by anyone other than the Company. Any
attempt to alter, supplement, or amend this document or to enter an
order for products or services which are subject to additional or altered
terms and conditions shall be null and void, unless otherwise agreed
to in a written agreement signed by you and us. To the extent
that anything in or associated with this Website is in conflict or inconsistent
with these Terms of Use, these Terms of Use shall take precedence.
24. Miscellaneous
Any cause of action
brought by you against us or our Affiliates must be instituted within
one (1) year after the cause of action arises or be deemed forever waived
and barred.
You
may not assign your rights and obligations under these Terms of Use
to any third party, and any purported attempt to do so shall be null
and void. We may freely assign our rights and obligations under
these Terms of Use.
You
agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this Website.
If
any part of these Terms of Use is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect.
Any
failure by us to enforce or exercise any provision of these Terms of
Use or related rights shall not constitute a waiver of that right or
provision.
25. Contact Information
This Website is maintained by PS Give Inc., a Delaware corporation. If you would like to provide us with notice that any user is violating these Terms of Use, please contact us at info@psgive.org.
