Shift your gifts into gifts for the world. 4 Reasons to shift your gifts »
Last Updated: June 7, 2011
The following describes the terms on which Shift My Gift LLC offers you access to our website and services.
Introduction
Welcome to ShiftMyGift.com. By using ShiftMyGift.com and its related services and tools, including any mobile application or website provided by us (collectively, the "Site"), you accept and agree to the following terms with Shift My Gift LLC, a Pennsylvania limited liability company ("Shift My Gift," "we" or "us"), which owns and operates the Site.
Scope
Before you may use the Site, you must read and accept all of the terms in, and linked to, these Terms of Use and the Shift My Gift Privacy Policy [include link]. These Terms of Use, together with the Shift My Gift Privacy Policy (the "Privacy Policy") and any and all other agreements, terms of service, operating policies, fee schedules, FAQ's and community guidelines that may be posted on the Site from time to time (all of which are hereby incorporated by reference) are collectively referred as to as the "Agreement." By accepting these Terms of Use, you agree that these Terms of Use and our Privacy Policy, along with the other terms of the Agreement, will apply whenever you use the Site or its related services. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. The Agreement applies to persons setting up a registry for a wedding or other event through the Site (we refer to these persons as "shifters" because they use the Site to "shift" gifts that would otherwise be given to them for their event), as well as to persons who access the registry to give "gifts," i.e., contributions to charities or other nonprofit organizations (we call these persons "gifters"), as well as anyone else using or browsing the Site.
If you are using the Site on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.
License and Intellectual Property Rights
We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site solely for your personal and non-commercial purposes and solely in accordance with the Agreement. The Site and all code, ideas, inventions, Shift My Gift content and technology contained or embodied in the Site are the copyrighted works and trade secrets of Shift My Gift and are protected by international intellectual property laws. All rights not expressly granted in these Terms of Use are reserved to Shift My Gift. "Shift My Gift" and the Shift My Gift logo are trademarks owned by Shift My Gift; all other names, trademarks and logos used on the Site are the property of their respective third-party owners.
How Fees and Gifts Are Charged
Shifters are not charged a fee for creating a registry through the Site. Gifters are charged a non-refundable fee, currently $1.49, for each gift that is made through the Site (the "Gifting Fee"). Shift My Gift reserve the right to increase or change the Gifting Fee, or introduce new fees, from time to time in our sole and absolute discretion; any such change will become effective when posted in a revised version of these Terms of Use or elsewhere on the Site.
Gifting Fees are charged directly by Shift My Gift or our payment application provider to the gifter's credit or debit card or other financial account. By making a gift through the Site, you authorize Shift My Gift or our payment application provider to charge your credit or debit card or other financial account. If you fail to submit accurate and valid account information, or if you attempt to charge back a Gifting Fee, we may terminate your use of the Site without notice.
The Site uses an application interface provided by Network for Good, a third-party organization, to enable users to choose nonprofit organizations to receive gifts and to enable gifters to charge these gifts to their credit or debit card or other financial account. Network for Good will charge the gifter's account for the amount of the gift and then will pay this amount minus a 4.75% transaction fee to the nonprofit recipient. Network for Good is not affiliated with Shift My Gift, and while we believe they are a reputable organization, we have no responsibility for or control over their fees, policies and/or practices. We also have no responsibility for or control over their payment or transfer of your funds to the nonprofit recipient, or for any delays or errors associated with such payment or transfer. If you have a question or dispute concerning a Network for Good charge or service, or if you require customer service relating to Network for Good's services, you must contact them directly. By making a gift through Network for Good's interface on our Site, you authorize Network for Good or their payment application provider to charge your credit or debit card or other financial account.
Using Shift My Gift
While using the Site and any related services and/or tools, you will not:
Abusing Shift My Gift
Shift My Gift and our users work together to keep our Site and services working properly and the user community safe. We seek to create an honest, respectful and reliable environment for helping others. Please report problems, offensive content, and policy violations to us. We may (but are not obligated to) investigate.
Without limiting other remedies, we may limit, suspend or terminate our services and user accounts, prohibit access to our Site and its content, services and/or tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liability or harm to other users or Shift My Gift, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our Site, services or tools, or certain features thereof.
In addition, and without limiting any of our other termination rights in the Agreement, Shift My Gift may suspend or terminate a user's account or access to the Site for any of the following reasons: (i) if we believe in good faith that you have breached the Agreement; (ii) if we receive repeated or an inordinate number of complaints about you (as determined by Shift My Gift in our sole and absolute discretion); or (iii) if your registry or postings are of a type that could impair the reputation of Shift My Gift or the Site or expose us to civil or criminal liability (as determined by us in our sole and absolute discretion).
Shift My Gift Not a Nonprofit or Fundraiser
We at Shift My Gift hope that our Site can become an influential force for helping others. However, we are not a charity or nonprofit organization ourselves, nor are we a charitable fundraiser. Shift My Gift is merely a technology company that provides tools and services to facilitate and encourage nonprofit giving by enabling users to take advantage of special events to gift funds to recipients of their choice. Accordingly, whether you are a shifter or a gifter, you are solely responsible for investigating any nonprofit organizations you add to your registry or to which you make a gift, as the case may be. SHIFT MY GIFT HAS NO CONTROL OVER OR RESPONSIBILITY FOR THE CONDUCT OR QUALITY OF SERVICES PROVIDED BY ANY GIFT RECIPIENT, THE ACCURACY AND TRUTHFULNESS OF THEIR ADVERTISING AND DISCLOSURES, HOW THEY MAY USE THE FUNDS YOU GIFT TO THEM, OR HOW THEY MAY USE AND SHARE INFORMATION ABOUT YOU WHEN YOU MAKE A GIFT THROUGH THE SITE. USERS OF THE SITE HEREBY RELEASE, DISCHARGE AND HOLD SHIFT MY GIFT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, LICENSEES, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS AND EXPENSES YOU MAY SUFFER OR INCUR IN CONNECTION WITH OR AS A RESULT OF ANY LISTING ON A GIFT REGISTRY, ANY GIFT MADE THROUGH THE SITE OR YOUR INTERACTION WITH ANY NON-PROFIT ORGANIZATION THAT HAS BEEN FACILITATED THROUGH THE SITE.
End User Agreement ("End User Agreement") for Network for Good
"User Content" refers, collectively, to any and all materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features or any other materials, posted, uploaded, imported or submitted to the Site by you, any such materials published, exported, distributed, displayed, shared or otherwise disseminated by you on or through the Site or created, designed or stored by you using the Site, and anything e-mailed to us. User Content specifically includes all images, messages and e-mails you post or send through the Site.
User Content is subject to the following terms.
You are solely responsible for any User Content attributable to your activities and for any harm resulting therefrom. We do not approve or endorse any User Content, and we do not control the quality of User Content. We do not have any responsibility for the availability, accuracy, correctness, completeness, usefulness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice. IN ADDITION, WHILE WE MAY MONITOR USER CONTENT FROM TIME TO TIME, YOU AGREE THAT WE HAVE NO OBLIGATION TO DO SO.
WE DO NOT CLAIM OWNERSHIP OF USER CONTENT. However, by providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sublicensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, transmit, transfer, create hypertext links to, broadcast and distribute the User Content in any form, in all media (whether now or hereafter existing), for purposes of providing, operating, modifying, maintaining, referencing, featuring, advertising and/or promoting the Site and for our internal research purposes.
You represent and warrant to us that you either own all rights in, to and relating to all User Content attributable to your activities or otherwise have the right and ability to use the User Content for your intended purposes and to grant the licenses in such User Content described above. You may not post, upload, import, submit, publish, export, distribute, display, store, share or otherwise disseminate on or through the Site any User Content where the foregoing representation and warranty is not true. This includes, without limitation, any User Content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that all User Content attributable to your activities on the Site does not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. If your employer or another third party has rights to User Content you create or make available using the Site, you represent and warrant that you have either (i) received permission from such third party to post or make available the User Content, or (ii) secured from such third party a waiver as to all rights in or to the User Content.
While you may always choose not to make your personal information available to other Site users, you may not manipulate anything on the Site to deceptively hide or disguise the origin of any User Content, nor may you impersonate another person, company or organization of any kind (for example, you may not submit an individual or business name or contact information, or supply or edit User Content, for a person other than yourself or a company other than your own). You may not submit User Content that contains lies or misrepresentations of any kind, or that is illegal, obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourages illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any material that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components of any kind.
You also represent and warrant that:
If you delete User Content, Shift My Gift will use reasonable efforts to render it inaccessible through the Site, but you acknowledge that caching or references to the User Content may not be made immediately unavailable. Postings on public message boards and other online forums may be retained indefinitely. We may also retain copies of User Content in our records to comply with applicable law or in accordance with our business requirements.
When posting on a message board or participating in any other forums on or through the Site, you agree that any User Content you provide must be appropriate and relevant to the forum.
Linked Websites and Services We have not reviewed, and cannot review, all of the material and services made available through the websites and webpages to which the Site links (for example, Network for Good), or that link to the Site. Shift My Gift does not have any control over those non-Shift My Gift sites and services, does not recommend or endorse them, and is not responsible for their contents or their use, or for any products or services featured on these sites. In addition, these sites and services may have privacy and security practices that are very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party website's collection, storage, use or disclosure of information from you. You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked websites.
Copyright and Other Intellectual Property Infringement
As Shift My Gift asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
In the event that you believe Shift My Gift removed any of your User Content in response to a false notice of copyright infringement, you should notify Shift My Gift promptly in writing pursuant to the DMCA, at the mailing address provided above by regular mail or e-mail. Such notification should include:
Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, Shift My Gift may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion.
Shift My Gift has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail Shift My Gift at support@shiftmygift.com. Shift My Gift reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any user who infringes the intellectual property rights of Shift My Gift or others, and/or to remove, delete, edit or disable access to such person's User Content. Shift My Gift shall have no liability for any action taken pursuant to this Section.
Limitation of Liability
You will not hold Shift My Gift responsible for other users' content, actions or inactions or registries or postings they create or submit through the Site. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITE, SERVICES OR TOOLS, AND OPERATION OF OUR SITE, SERVICES OR TOOLS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. THE SITE AND OUR TOOLS AND SERVICES ARE PROVIDED "AS IS," AND USE OF THE SITE AND OUR TOOLS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, REVENUES, PROFITS, BUSINESS, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITE, SERVICES AND TOOLS.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (i) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (ii) $100.
WITHOUT LIMITING ANY OF THE FOREGOING, ALL USERS SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR AGREEMENT THAT SHIFT MY GIFT SHALL NOT BE LIABLE FOR ANY UNAVAILABILITY OF, OR ERRORS OR DEFECTS IN, THE SITE OR OUR SERVICES OR TOOLS, OR FOR ANY LOST PROFITS, BUSINESS, REVENUE OR GOODWILL RESULTING THEREFROM, IS A MATERIAL INDUCEMENT AND CONSIDERATION FOR SHIFT MY GIFT TO ENTER INTO THE AGREEMENT AND TO GRANT YOU THE ABILITY TO USE THE SITE. YOU FURTHER ACKNOWLEDGE THAT SHIFT MY GIFT WOULD NOT BE ABLE TO OFFER YOU SUCH ABILITY AT ITS CURRENT PRICING STRUCTURE WITHOUT YOUR AGREEMENT TO AND THE ENFORCEABILITY OF THESE LIMITATIONS OF LIABILITY.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Shift My Gift by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
Privacy
Please read our Privacy Policy [insert link] for details on how we collect, use and share personal information about you and safeguard your personal information.
Indemnity
You will indemnify, defend and hold us (and our officers, directors, agents, affiliates, members, managers, subsidiaries, suppliers, customers, licensors, contractors, joint venturers and employees) (collectively, the "Shift My Gift Indemnitees") harmless from any loss, damage, liability, cost, expense, judgment, complaint, suit, action, proceeding, claim or demand, including reasonable attorneys' fees (collectively, "Losses"), due to or arising out of your actual or alleged breach of this Agreement, your actual or alleged violation of any legal or regulatory requirement or the rights of a third party, or your User Content.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Shift My Gift is not a charitable fundraiser.
Changes to Agreement
Shift My Gift reserves the right, at its sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on the Site. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the "Last Updated" dates at the top of these Terms of Use and our Privacy Policy and other policies to familiarize yourself with the latest version of this Agreement. Your continued use of or access to the Site following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes. Shift My Gift may also, in the future, offer new services, tools and/or features through the Site (including the release of new tools and resources). Such new features, tools and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that Shift My Gift may post on the Site. Shift My Gift may also modify or eliminate services, tools or features of the Site; your sole and exclusive remedy, and Shift My Gift's sole liability, in connection with any such change, modification or elimination is to terminate your use of the Site and your account with us (if applicable).
Notices
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site or sending an e-mail to you at any e-mail address you provide through the Site. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Shift My Gift LLC, 94 McCormick Way, Lincoln University, PA 19352. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in the section entitled "Copyright and Other Intellectual Property Infringement" above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then contact us at support@shiftmygift.com or at the following address: Shift My Gift, LLC, 94 McCormick Way, Lincoln University, PA 19352.
Miscellaneous
We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement (including the Privacy Policy and all other Shift My Gift operating policies, terms of services, fee schedules, FAQ's, rules, procedures and community guidelines posted on the Site) constitutes the entire agreement between Shift My Gift and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Shift My Gift, or by the posting by Shift My Gift of a revised version of the Agreement on the Site. Any dispute relating to this Agreement or arising out of your access to or use of the Site will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law provisions, and the exclusive venue for adjudicating any such disputes will be the state and federal courts located in Philadelphia, Pennsylvania. You hereby consent to the exercise of personal jurisdiction by such courts and to such venue. If Shift My Gift prevails in any action or proceeding to enforce this Agreement or arising out of your access to or use of the Site, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be reformed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The provisions of the Agreement are severable, and if any portion is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; Shift My Gift may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The following describes the terms on which Shift My Gift LLC offers you access to our website and services.
Introduction
Welcome to ShiftMyGift.com. By using ShiftMyGift.com and its related services and tools, including any mobile application or website provided by us (collectively, the "Site"), you accept and agree to the following terms with Shift My Gift LLC, a Pennsylvania limited liability company ("Shift My Gift," "we" or "us"), which owns and operates the Site.
Scope
Before you may use the Site, you must read and accept all of the terms in, and linked to, these Terms of Use and the Shift My Gift Privacy Policy [include link]. These Terms of Use, together with the Shift My Gift Privacy Policy (the "Privacy Policy") and any and all other agreements, terms of service, operating policies, fee schedules, FAQ's and community guidelines that may be posted on the Site from time to time (all of which are hereby incorporated by reference) are collectively referred as to as the "Agreement." By accepting these Terms of Use, you agree that these Terms of Use and our Privacy Policy, along with the other terms of the Agreement, will apply whenever you use the Site or its related services. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. The Agreement applies to persons setting up a registry for a wedding or other event through the Site (we refer to these persons as "shifters" because they use the Site to "shift" gifts that would otherwise be given to them for their event), as well as to persons who access the registry to give "gifts," i.e., contributions to charities or other nonprofit organizations (we call these persons "gifters"), as well as anyone else using or browsing the Site.
If you are using the Site on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.
License and Intellectual Property Rights
We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site solely for your personal and non-commercial purposes and solely in accordance with the Agreement. The Site and all code, ideas, inventions, Shift My Gift content and technology contained or embodied in the Site are the copyrighted works and trade secrets of Shift My Gift and are protected by international intellectual property laws. All rights not expressly granted in these Terms of Use are reserved to Shift My Gift. "Shift My Gift" and the Shift My Gift logo are trademarks owned by Shift My Gift; all other names, trademarks and logos used on the Site are the property of their respective third-party owners.
How Fees and Gifts Are Charged
Shifters are not charged a fee for creating a registry through the Site. Gifters are charged a non-refundable fee, currently $1.49, for each gift that is made through the Site (the "Gifting Fee"). Shift My Gift reserve the right to increase or change the Gifting Fee, or introduce new fees, from time to time in our sole and absolute discretion; any such change will become effective when posted in a revised version of these Terms of Use or elsewhere on the Site.
Gifting Fees are charged directly by Shift My Gift or our payment application provider to the gifter's credit or debit card or other financial account. By making a gift through the Site, you authorize Shift My Gift or our payment application provider to charge your credit or debit card or other financial account. If you fail to submit accurate and valid account information, or if you attempt to charge back a Gifting Fee, we may terminate your use of the Site without notice.
The Site uses an application interface provided by Network for Good, a third-party organization, to enable users to choose nonprofit organizations to receive gifts and to enable gifters to charge these gifts to their credit or debit card or other financial account. Network for Good will charge the gifter's account for the amount of the gift and then will pay this amount minus a 4.75% transaction fee to the nonprofit recipient. Network for Good is not affiliated with Shift My Gift, and while we believe they are a reputable organization, we have no responsibility for or control over their fees, policies and/or practices. We also have no responsibility for or control over their payment or transfer of your funds to the nonprofit recipient, or for any delays or errors associated with such payment or transfer. If you have a question or dispute concerning a Network for Good charge or service, or if you require customer service relating to Network for Good's services, you must contact them directly. By making a gift through Network for Good's interface on our Site, you authorize Network for Good or their payment application provider to charge your credit or debit card or other financial account.
Using Shift My Gift
While using the Site and any related services and/or tools, you will not:
- post content or items in an inappropriate category or areas on the Site;
- violate any laws, third party rights or our policies;
- use the Site or any related services and/or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, services or tools;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Shift My Gift;
- post false, inaccurate, misleading, defamatory, abusive or libelous content (including personal information);
- transfer your Shift My Gift account or User ID to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Shift My Gift, the Site or the interests or property of Site users; or
- harvest or otherwise collect information about users, including e-mail addresses, without their consent.
Abusing Shift My Gift
Shift My Gift and our users work together to keep our Site and services working properly and the user community safe. We seek to create an honest, respectful and reliable environment for helping others. Please report problems, offensive content, and policy violations to us. We may (but are not obligated to) investigate.
Without limiting other remedies, we may limit, suspend or terminate our services and user accounts, prohibit access to our Site and its content, services and/or tools, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems or possible legal liability or harm to other users or Shift My Gift, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our Site, services or tools, or certain features thereof.
In addition, and without limiting any of our other termination rights in the Agreement, Shift My Gift may suspend or terminate a user's account or access to the Site for any of the following reasons: (i) if we believe in good faith that you have breached the Agreement; (ii) if we receive repeated or an inordinate number of complaints about you (as determined by Shift My Gift in our sole and absolute discretion); or (iii) if your registry or postings are of a type that could impair the reputation of Shift My Gift or the Site or expose us to civil or criminal liability (as determined by us in our sole and absolute discretion).
Shift My Gift Not a Nonprofit or Fundraiser
We at Shift My Gift hope that our Site can become an influential force for helping others. However, we are not a charity or nonprofit organization ourselves, nor are we a charitable fundraiser. Shift My Gift is merely a technology company that provides tools and services to facilitate and encourage nonprofit giving by enabling users to take advantage of special events to gift funds to recipients of their choice. Accordingly, whether you are a shifter or a gifter, you are solely responsible for investigating any nonprofit organizations you add to your registry or to which you make a gift, as the case may be. SHIFT MY GIFT HAS NO CONTROL OVER OR RESPONSIBILITY FOR THE CONDUCT OR QUALITY OF SERVICES PROVIDED BY ANY GIFT RECIPIENT, THE ACCURACY AND TRUTHFULNESS OF THEIR ADVERTISING AND DISCLOSURES, HOW THEY MAY USE THE FUNDS YOU GIFT TO THEM, OR HOW THEY MAY USE AND SHARE INFORMATION ABOUT YOU WHEN YOU MAKE A GIFT THROUGH THE SITE. USERS OF THE SITE HEREBY RELEASE, DISCHARGE AND HOLD SHIFT MY GIFT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, LICENSEES, CONTRACTORS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS AND EXPENSES YOU MAY SUFFER OR INCUR IN CONNECTION WITH OR AS A RESULT OF ANY LISTING ON A GIFT REGISTRY, ANY GIFT MADE THROUGH THE SITE OR YOUR INTERACTION WITH ANY NON-PROFIT ORGANIZATION THAT HAS BEEN FACILITATED THROUGH THE SITE.
End User Agreement ("End User Agreement") for Network for Good
- Permitted Use. Users represent and warrant that they are (i) of legal age; (ii) they possess the legal authority to create a binding legal obligation; (iii) all donations made by the User are made on behalf of the User or on behalf of another person for whom they are legally authorized to act; and (iv) all information supplied by the User is true, accurate, current and complete.
- Relationship of the Parties. Network for Good is a nonprofit donor advised fund, acts only as the agent to Users who make donations through this system, and is an independent contractor for all purposes. Network for Good will have no liability for any errors in donations made through the Web Services that are caused by Users.
- Order Confirmation. If the User does not receive an email confirming their donation after submitting payment information, or if the User experiences an error message or service interruption after submitting payment information, it is the User's responsibility to confirm with Network for Good whether or not the order has been placed. The User may be aware of problems that may occur during the purchase process. Network for Good will not be responsible for losses (monetary or otherwise) if the User assumes that an order was not placed because they failed to receive confirmation.
- Liability. Each User shall be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by you, Network For Good, or any other third party caused by or arising out of User's breach of this agreement. User agrees to reimburse Network For Good for any and all such liability.
- Data Privacy Policy. You agree that your personal information provided to Network for Good will be subject to the Networks Privacy Policy, which can be read by clicking www.networkforgood.org/privacy.
"User Content" refers, collectively, to any and all materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features or any other materials, posted, uploaded, imported or submitted to the Site by you, any such materials published, exported, distributed, displayed, shared or otherwise disseminated by you on or through the Site or created, designed or stored by you using the Site, and anything e-mailed to us. User Content specifically includes all images, messages and e-mails you post or send through the Site.
User Content is subject to the following terms.
You are solely responsible for any User Content attributable to your activities and for any harm resulting therefrom. We do not approve or endorse any User Content, and we do not control the quality of User Content. We do not have any responsibility for the availability, accuracy, correctness, completeness, usefulness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice. IN ADDITION, WHILE WE MAY MONITOR USER CONTENT FROM TIME TO TIME, YOU AGREE THAT WE HAVE NO OBLIGATION TO DO SO.
WE DO NOT CLAIM OWNERSHIP OF USER CONTENT. However, by providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sublicensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, transmit, transfer, create hypertext links to, broadcast and distribute the User Content in any form, in all media (whether now or hereafter existing), for purposes of providing, operating, modifying, maintaining, referencing, featuring, advertising and/or promoting the Site and for our internal research purposes.
You represent and warrant to us that you either own all rights in, to and relating to all User Content attributable to your activities or otherwise have the right and ability to use the User Content for your intended purposes and to grant the licenses in such User Content described above. You may not post, upload, import, submit, publish, export, distribute, display, store, share or otherwise disseminate on or through the Site any User Content where the foregoing representation and warranty is not true. This includes, without limitation, any User Content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that all User Content attributable to your activities on the Site does not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. If your employer or another third party has rights to User Content you create or make available using the Site, you represent and warrant that you have either (i) received permission from such third party to post or make available the User Content, or (ii) secured from such third party a waiver as to all rights in or to the User Content.
While you may always choose not to make your personal information available to other Site users, you may not manipulate anything on the Site to deceptively hide or disguise the origin of any User Content, nor may you impersonate another person, company or organization of any kind (for example, you may not submit an individual or business name or contact information, or supply or edit User Content, for a person other than yourself or a company other than your own). You may not submit User Content that contains lies or misrepresentations of any kind, or that is illegal, obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourages illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any material that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components of any kind.
You also represent and warrant that:
- your User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, and does not constitute or promote unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- your User Content is not being advertised via unwanted electronic messages such as spam links on newsgroups, e-mail lists, other web sites, and similar unsolicited promotional methods.
If you delete User Content, Shift My Gift will use reasonable efforts to render it inaccessible through the Site, but you acknowledge that caching or references to the User Content may not be made immediately unavailable. Postings on public message boards and other online forums may be retained indefinitely. We may also retain copies of User Content in our records to comply with applicable law or in accordance with our business requirements.
When posting on a message board or participating in any other forums on or through the Site, you agree that any User Content you provide must be appropriate and relevant to the forum.
Linked Websites and Services We have not reviewed, and cannot review, all of the material and services made available through the websites and webpages to which the Site links (for example, Network for Good), or that link to the Site. Shift My Gift does not have any control over those non-Shift My Gift sites and services, does not recommend or endorse them, and is not responsible for their contents or their use, or for any products or services featured on these sites. In addition, these sites and services may have privacy and security practices that are very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party website's collection, storage, use or disclosure of information from you. You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked websites.
Copyright and Other Intellectual Property Infringement
As Shift My Gift asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Site are covered by a single notification, a representative list of such works at those locations;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Shift My Gift to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event that you believe Shift My Gift removed any of your User Content in response to a false notice of copyright infringement, you should notify Shift My Gift promptly in writing pursuant to the DMCA, at the mailing address provided above by regular mail or e-mail. Such notification should include:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, Shift My Gift may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion.
Shift My Gift has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail Shift My Gift at support@shiftmygift.com. Shift My Gift reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any user who infringes the intellectual property rights of Shift My Gift or others, and/or to remove, delete, edit or disable access to such person's User Content. Shift My Gift shall have no liability for any action taken pursuant to this Section.
Limitation of Liability
You will not hold Shift My Gift responsible for other users' content, actions or inactions or registries or postings they create or submit through the Site. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITE, SERVICES OR TOOLS, AND OPERATION OF OUR SITE, SERVICES OR TOOLS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. THE SITE AND OUR TOOLS AND SERVICES ARE PROVIDED "AS IS," AND USE OF THE SITE AND OUR TOOLS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, REVENUES, PROFITS, BUSINESS, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITE, SERVICES AND TOOLS.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (i) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (ii) $100.
WITHOUT LIMITING ANY OF THE FOREGOING, ALL USERS SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR AGREEMENT THAT SHIFT MY GIFT SHALL NOT BE LIABLE FOR ANY UNAVAILABILITY OF, OR ERRORS OR DEFECTS IN, THE SITE OR OUR SERVICES OR TOOLS, OR FOR ANY LOST PROFITS, BUSINESS, REVENUE OR GOODWILL RESULTING THEREFROM, IS A MATERIAL INDUCEMENT AND CONSIDERATION FOR SHIFT MY GIFT TO ENTER INTO THE AGREEMENT AND TO GRANT YOU THE ABILITY TO USE THE SITE. YOU FURTHER ACKNOWLEDGE THAT SHIFT MY GIFT WOULD NOT BE ABLE TO OFFER YOU SUCH ABILITY AT ITS CURRENT PRICING STRUCTURE WITHOUT YOUR AGREEMENT TO AND THE ENFORCEABILITY OF THESE LIMITATIONS OF LIABILITY.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Shift My Gift by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, reverse-engineer, create derivative works from, distribute, or publicly display any content (except for your User Content) from the Site, or attempt to derive the Site's source code or underlying algorithms, protocols or concepts, without the prior express written permission of Shift My Gift and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our Site, services or tools, or any activities conducted on or with the Site, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy
Please read our Privacy Policy [insert link] for details on how we collect, use and share personal information about you and safeguard your personal information.
Indemnity
You will indemnify, defend and hold us (and our officers, directors, agents, affiliates, members, managers, subsidiaries, suppliers, customers, licensors, contractors, joint venturers and employees) (collectively, the "Shift My Gift Indemnitees") harmless from any loss, damage, liability, cost, expense, judgment, complaint, suit, action, proceeding, claim or demand, including reasonable attorneys' fees (collectively, "Losses"), due to or arising out of your actual or alleged breach of this Agreement, your actual or alleged violation of any legal or regulatory requirement or the rights of a third party, or your User Content.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Shift My Gift is not a charitable fundraiser.
Changes to Agreement
Shift My Gift reserves the right, at its sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on the Site. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the "Last Updated" dates at the top of these Terms of Use and our Privacy Policy and other policies to familiarize yourself with the latest version of this Agreement. Your continued use of or access to the Site following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes. Shift My Gift may also, in the future, offer new services, tools and/or features through the Site (including the release of new tools and resources). Such new features, tools and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that Shift My Gift may post on the Site. Shift My Gift may also modify or eliminate services, tools or features of the Site; your sole and exclusive remedy, and Shift My Gift's sole liability, in connection with any such change, modification or elimination is to terminate your use of the Site and your account with us (if applicable).
Notices
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site or sending an e-mail to you at any e-mail address you provide through the Site. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Shift My Gift LLC, 94 McCormick Way, Lincoln University, PA 19352. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in the section entitled "Copyright and Other Intellectual Property Infringement" above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then contact us at support@shiftmygift.com or at the following address: Shift My Gift, LLC, 94 McCormick Way, Lincoln University, PA 19352.
Miscellaneous
We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement (including the Privacy Policy and all other Shift My Gift operating policies, terms of services, fee schedules, FAQ's, rules, procedures and community guidelines posted on the Site) constitutes the entire agreement between Shift My Gift and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Shift My Gift, or by the posting by Shift My Gift of a revised version of the Agreement on the Site. Any dispute relating to this Agreement or arising out of your access to or use of the Site will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law provisions, and the exclusive venue for adjudicating any such disputes will be the state and federal courts located in Philadelphia, Pennsylvania. You hereby consent to the exercise of personal jurisdiction by such courts and to such venue. If Shift My Gift prevails in any action or proceeding to enforce this Agreement or arising out of your access to or use of the Site, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be reformed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. The provisions of the Agreement are severable, and if any portion is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; Shift My Gift may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
