TERMS & CONDITIONS for Life Event Gifts (L.E.G.) / CentralGiving.com

As Of 8/31/2010 | Subject to Change Without Notice

Users of Life Event Gifts’ service and website, also  known as LifeEventGifts.com and CentralGiving.com constitutes acceptance of these terms.  Users include account holders, gift page holders, contributors, purchasers and all of those accessing L.E.G. sites and/or associated events.

Account Registration
Users are responsible for maintaining and protecting their own passwords and log-ins.  L.E.G. will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any user’s failure to comply with this section of the Terms.   Those under 18 agree to only use this website with parental consent. Those under 13 are not allowed to use our website.

Authorized Representatives
When a user comprises more than one party, the Joint parties are still subject to the same terms.
Those establishing accounts or raising funds for a third party user must be legally authorized representatives to set-up and administer the established pages.

Content
Site users are responsible for obtaining copyrights and any required licenses for uploaded content such as music, photos, video and copy.  Any unauthorized use, or use that violates intellectual property rights, will constitute page or account cancellation and prevention from further use of L.E.G. or affiliated services.  Improper content , which includes but is not limited to intellectual rights violations, offensive, obscene, hateful, threatening or distasteful, or pornographic is a violation of the use and subject to account and gift page cancellation or disablement.

Users are not allowed to add spam, viruses or content that disrupts or interferes with the operation of the site or privacy.

User agree to only post true, correct, accurate, complete and not misleading at all times.  User grants (L.E.G.) the right to publish this content, submitted for public display, and will not make any claim against L.E.G. and its affiliates for the omissions and promises of the content delivered.

Limits
Standard Personal gift pages of users are limited to 1 year terms.  Only one personal gift page, per person, may be active at one time.  Nonprofits and corporate gift page may have extended terms, but are required to confirm administrators annually.

Improper Use
L.E.G. pages may not be used for any illegal use, including but not limited to fraudulent and misleading requests, identity theft.   With any claims or proof of fraudulent use, L.E.G. may disrupt service, including disabling account, canceling the page.  L.E.G. will fully cooperate with authorities in the prosecution of any delinquent parties.

Taxes
Recipients of gifts are responsible for any applicable taxes.  For tracking, reports of contributions received are available to users from Paypal, the current payment processor.

Alteration or Cancellation of Event
If the principal event or purpose of the Gift Page is altered, cancelled or amended in any way, the user must make, within 7 days, the relevant changes to the page listing. Changes and amendments may include: date alterations, event cancellation, location change, transport or accommodation change, event suspension to a date to be advised, etc.

Should the event be cancelled, the user is solely responsible to do the following acts in a prompt manner:  close the gift page concerning the event being cancelled;  inform contributors; return any requested funds to contributors.

Inactivity & Unclaimed Gifts
If the gift page or the account have not been operated or had no Transactions for over a continuous period of twelve (12) months, L.E.G. has the right to close the gift page or the account without any prior notice to the User.   L.E.G. is not required to maintain any data regarding posted content from the canceled page.

Rights of L.E.G.
L.E.G. reserves the right to change these terms at any time without prior notice as long as they are posted on the website in legible terms.

If a user breaches any of the user's Obligations under these terms, then L.E.G. may in its absolute discretion, remove any User Materials from the website or disable the gift page or account in order to rectify such breach or terminate the provision of its Services and do all such things as it considers appropriate to prevent the User gaining access to or using the Website.

Site Maintenance
L.E.G may, at any time in its discretion: Publish (or cease to publish), reproduce, use, adapt and manipulate all Company produced content posted on the Website;  correct any errors, inaccuracies or obvious omissions in its content on the Website without prior notice to the Users; shut the Website down or suspend access to the Website for the purpose of improving, maintaining or altering it; and  terminate the use of the Website on not less than 7 days' notice.

Privacy
L.E.G. may disclose your identity, contact details and "personal information"  only if necessary for transaction processing or due to breach in terms of use, and in cooperation with legal authorities.  Users acknowledges and agrees to these rights and will not have any claim against L.E.G. if L.E.G. exercises these rights. 

Service Fees
L.E.G. allows gift pages to be set-up for free but will charge a percentage, currently 4.15% +30 cents (less than 51 cents for $5), of total gift amount, for administration marketing and servicing the gift page and related services.   The fees assessed for gifts are non-refundable and our removed at the time of the contribution.  The same service fee will apply to L.E.G. contributions collected offline at events or other designated centers.

Gift Proceeds & Availability
Proceeds from gifts, less the L.E.G. service fee, will be allocated directly to the user’s Paypal account. Availability is subject to the terms of Paypal or the payment processor.

Relationship
The relationship between L.E.G. and each User is that of the relationship between independent contractors. 

Disclaimer
Without limiting anything else in these Terms or otherwise, L.E.G. makes no representations or warranties as to the quality, fitness, reliability of Goods or Services provided by or published by users or merchants. 

Use of the Website and the Internet are solely at the User's own risk and L.E.G will not be liable, in any manner, for any loss resulting from failure of electronic or mechanical equipment or communication lines, viruses, errors, any force majeure events or governmental restrictions or regulations as amended from time to time. 

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF L.E.G, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, L.E.G, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Each User acknowledges and agrees to indemnify L.E.G. in respect of any claim of any nature brought by any person including any other User against L.E.G. arising out of any breach of the User's Obligations, or by any act or omission on each User's part or the breach of any law or obligation by the User; 

Users also indemnify L.E.G. against any loss, damage, cost, charge or expense including legal fees whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by L.E.G., to L.E.G. any sums claimed by L.E.G. pursuant to this indemnity. 

 

CHOICE OF LAW AND FORUM
These Terms shall be governed and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or User’s access or use of this website will be subject to the exclusive jurisdiction of the court located within the State of Delaware, and the parties hereby submit to the exclusive jurisdiction of such courts.

If any part of L.E.G. Documents containing the User's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the User's Obligations in that jurisdiction or the operation of the L.E.G. Documents containing the User's Obligations in any other jurisdiction.

MISCELLANEOUS
Copyright
All data and materials on this Website, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Website are the intellectual property of L.E.G., its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with L.E.G. its licensors or its suppliers, as the case may be.

Users may only use the data retrieved from this Website for their own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from the Services available in any manner to any third party is strictly prohibited.

Trademarks
Life Event Gifts is the registered trademark and service mark of Life Event Gifts.  All other brands and names are the property of their respective owners. The copyright in these Terms and L.E.G. Documents are held by L.E.G. No trademarks or other intellectual property of L.E.G. may be used by any other person.

Links to Other Sites
This Website may contain links to websites operated by other people or companies. L.E.G. does not control the content that appears on third party websites or take responsibility for such content, nor should it be implied that L.E.G. endorses or otherwise recommends such websites, or their products or services. 

Advertisements
Ads and paid content may not always be identified as such.  Ads, like any content on the site, must contain approved content and must not violate L.E.G. decency standards.  Ads can be removed at any time for any reason.   Advertisers may cancel an ad at anytime, however actual removals may take up to 24hours, and payment is due for the entire display period.

Submitting Information to L.E.G.
L.E.G. does not want to receive confidential or proprietary information from any User through this Website unless the sending User has another written agreement with L.E.G.  related to the sharing of such information. Any information that L.E.G. receives through this Website, other than User personal information and aggregate information covered by L.E.G. ‘s Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY COMMUNICATION. BY TRANSMITTING TO L.E.G. INFORMATION VIA THIS WEBSITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH L.E.G. RELATING TO CONFIDENTIAL SUBMISSION, EACH USER UNDERSTANDS AND AGREES THAT L.E.G.MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO ANY USER, AND EACH USER AUTOMATICALLY GRANTS L.E.G., ITS AFFILIATES AND ITS SUBSIDIARIES AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE. 

 
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