Trust + Safety

Gifted Coin

Terms of Use

Thank you for visiting this website owned and provided by Gifted Coin. Your access to, and use of this website, or any other website (each a “Site”) owned or provided by Gifted Coin, Inc. and/or any of its related, affiliated, or subsidiary companies (together “Gifted Coin”) is subject to the terms and conditions contained in this Legal Notice and our Privacy Policy located on this Site. At the Site, Gifted Coin makes general information available to you and other individuals (“Users”) about charitable, fundraising, volunteer and /or related opportunities (the “Site Services”). Users are able to communicate with us by email through the Site by, among other things, posing questions to us, responding to surveys from us about the usefulness and value of the Site Services, requesting information about Site Services, subject to these Terms of Use and Privacy Policy. If you do not agree with any provision of the Terms of Use or the Privacy Policy, please discontinue any access to, or use of, the Site.

Our Legal Notice – Terms of Use

This Legal Notice – Terms of Use (the “Terms of Use”) governs use of our Site and Site Services of Gifted Coin, in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE SITE’S PRIVACY POLICY, ANY OTHER TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THESE TERMS OF USE OR THE SITE PRIVACY POLICY, AND ALL APPLICABLE LAWS (COLLECTIVELY, THE “TERMS”). PLEASE READ THESE TERMS OF USE AND THE SITE’S PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR THE SITE’S PRIVACY POLICY, YOU SHOULD LEAVE THE SITE AND IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE SERVICES.

Modifications to Terms of Use

Gifted Coin may modify these Terms of Use from time to time, and any such modifications shall be effective upon posting by Gifted Coin of the modified Terms of Use on the Site. You agree to be bound by any changes to the Terms of Use when You access the Site after any such modification has been posted on the Site. It is therefore important that You review these Terms of Use each time You access Site to ensure that You are aware of any changes or modifications to the Terms of Use.

Definitions

In these Terms, we refer to those raising funds as Project Owners (“Getters”), and to their fundraising endeavors as "Gifted Projects." We refer to those contributing funds as Donors (“Givers”), and to the funds they contribute as "Donations." Getters, Givers and other visitors to the Services are referred to collectively as "Users."

Gifted Coin is a Technology Platform

Gifted Coin is an online crowdfunding technology platform (or venue) for people and entities seeking to raise funds for their own Projects and to contribute to the Projects of others. Donors can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Coins") to Donors. Coins are not offered for sale. Gifted Coin makes no representations about the quality, safety, morality or legality of any Project, Coin or Donation or the truth or accuracy of User Content (as defined below) posted on the Services. Gifted Coin does not represent that Project Owners will deliver Coins or that Donations will be used as described in the Project. Users use the Services at their own risk.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Gifted Coin reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Donation, or the Services at any time for any reason without liability.

Prohibited Projects

Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Project is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Coins and using Donations. Project Owners shall not make any false or misleading statements in connection with their Projects.

Prohibited Coins

Project Owners are not permitted to offer or provide any of the following as a Coin:

  • any form of "security" (as such term is defined in the Securities Act of 1933 or state law);
  • any form of financial incentive or participation in any profit sharing;
  • any alcoholic consumer products;
  • any controlled substance (including, but not limited to cannabis) or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.

Community Guidelines

You represent and warrant that You will not use the Site for any purpose that is unlawful, or prohibited by the Terms of Use, or any law or regulation applicable to You or Your business. Gifted Coin is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

  • use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
  • spam the comments sections or other Users with offers of goods and services or inappropriate messages;
  • engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
  • take any action that imposes, in Gifted Coin’s sole discretion, an unreasonable load on Gifted Coin's infrastructure.

Gifted Coin reserves the right to remove Projects and terminate User Accounts for such activities.

Prohibited Visual Elements in Project Images

Project Owners are not permitted to do any of the following with Project images:

  • incorporate Gifted Coin colors and branding elements, including but not limited to logos, colored frames, borders or badges;
  • include any visual element that could be interpreted to have been produced by Gifted Coin, including but not limited to banners, progress bars or funding stats;
  • include any visual element that communicates endorsement by Gifted Coin.

Disputes between Project Owners and Donors

Project Owners are legally bound to perform on any promise and/or commitment to Donors (including delivering any Coins). If a Project Owner is unable to perform on any promise and/or commitment to Donors, the Project Owner will work with the Donors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Donations by the Project Owner. Gifted Coin is under no obligation to become involved in disputes between Project Owners and Donors, or Users and any third party. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Coin, we may provide the Project Owner's contact information to the Donor so that the two parties may resolve their dispute.

User Accounts

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Gifted Coin immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Gifted Coin may reasonably request and to answer truthfully and completely any questions Gifted Coin might ask you in order to verify such User's identity.

License to Users

Gifted Coin hereby grants to You a limited, non-exclusive, non-transferable, and revocable right to access and use the Site Services and utilize the features, content and tools that Gifted Coin makes available to You through the Site or otherwise. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the Gifted Coin content on the Site, including without limitation, any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Use does not include any resale or commercial use of the Site. You are also prohibited from creating any derivative works from the Site, or downloading or copying of any account information for the benefit of another person or entity, or any use of data mining, robots, or similar data gathering and extraction tools, except to the extent the Site is indexed by general purpose consumer accessible search engines, including, but not limited to, Google, Yahoo, AOL, MSN, or Bing. Gifted Coin reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the Site as described below. Any rights in the Site not expressly granted to You in the Terms of Use are reserved to Gifted Coin.

For so long as these Terms of Use are in effect, You grant to Gifted Coin a non-exclusive, limited, and royalty free license to use Your name and contact information, and to display any other materials, information or content supplied by You to Gifted Coin, subject to Gifted Coin’s Privacy Policy.

Use of Information

Neither the Site, nor any data, information, text, images, or other content accessible on or through the Site may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced, except by Gifted Coin or as expressly authorized by Gifted Coin in writing. You shall not remove any notice or other indicia of an intellectual property right from the Site. You shall not use, copy, distribute, display, demonstrate, or sub-license the Site, or any other information accessible through the Site, the software related thereto, or any component thereof, except as permitted by the Terms of Use, or as expressly authorized by Gifted Coin. The rights granted to You by Gifted Coin to use the Site are strictly limited to the rights specified in these Terms of Use and You shall not have any rights to re-license or sub-license access to, or use of, the Site, the Site Services, or any components thereof, to any other person or entity. You acknowledge and agree that You are solely responsible for Your use of the Site and for Your compliance with any laws and regulations relating to such use.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

  1. Accessing data not intended for Your use, or logging onto a server, which You are not, authorized to access.
  2. Attempting to probe, scan or test the vulnerability of the Site or any Gifted Coin system or network, or to breach security or authentication measures utilized by Gifted Coin on the Site without proper authorization.
  3. Attempting to interfere with Gifted Coin’s service to any User of the Site, Gifted Coin’s hosting service provider, or Gifted Coin’s network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing" the Site.
  4. Sending unsolicited email, including promotions and/or advertising of products or services not otherwise expressly authorized or permitted by Gifted Coin.
  5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of Gifted Coin’s system or network security may result in civil or criminal liability. Gifted Coin will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting Users, including You, who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and search agents available from Gifted Coin on the Site and other than generally available third party web browsers (e.g., Firefox or Microsoft Explorer).

Liquidated Damages

In the event You breach or violate any of Gifted Coin’s restrictions on the use of the Site, use the Site in any manner not permitted by the License granted in these Terms of Use, acquire or download any content, data, text or images from the Site without authorization under these Terms of Use or without Gifted Coin’s express written permission, or You remove any intellectual property notices from the Site or any content accessible or displayed on the Site without Gifted Coin’s express written approval, You agree that Gifted Coin’s damages in the event of such unauthorized conduct by You will be difficult to quantify. Therefore, in the event of such a breach, and in addition to Your obligation to immediately commence commercially reasonable efforts to cure any breach, You shall pay Gifted Coin as liquidated damages, and not as penalty, the amount of $10,000.00 per occurrence, which liquidated damages shall be in addition to, and not in lieu of, any equitable relief to which Gifted Coin may be entitled by reason of You breach of these Terms of Use.

Project Owners

Project Owners are permitted to offer Coins to Donors. Project Owners are legally bound to perform on any promise and/or commitment to Donors (including delivering any Coins). Project Owners will respond promptly and truthfully to all questions posed to them by Gifted Coin or any Donor. If any Project Owner is unable to fulfill any of its commitments to Donors (including delivering any Coins), the Project Owner will work with the Donors to reach a mutually satisfactory resolution, which may include refunding their Donations. Project Owners will comply with all applicable laws and regulations in the use of Donations and delivery of Coins. Project Owners are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with Coins. Gifted Coin may attempt to verify the identity and other information provided to us by Project Owners, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.

Donors

DONORS ARE SOLELY RESPONSIBLE FOR ASKING QUESTIONS AND INVESTIGATING PROJECT OWNERS AND PROJECTS TO THE EXTENT THEY FEEL IS NECESSARY BEFORE MAKING A DONATION. ALL DONATIONS ARE MADE VOLUNTARILY AND AT THE SOLE DISCRETION AND RISK OF THE DONOR. GIFTED COIN DOES NOT GUARANTEE THAT DONATIONS WILL BE USED AS PROMISED, THAT PROJECT OWNERS WILL DELIVER COINS, OR THAT THE PROJECT WILL ACHIEVE ITS GOALS. GIFTED COIN DOES NOT ENDORSE, GUARANTEE, MAKE REPRESENTATIONS, OR PROVIDE WARRANTIES FOR OR ABOUT THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY PROJECT, COIN OR DONATION, OR THE TRUTH OR ACCURACY OF USER CONTENT POSTED ON THE SERVICES. SHOULD YOU HAVE A DISPUTE WITH A DONOR OR PROJECT OWNER, YOU HEREBY AGREE TO RELEASE GIFTED COIN, ITS EMPLOYEES AND AGENTS FROM ANY AND ALL DAMAGES OR CLAIMS, INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  DONORS ARE ALSO SOLELY RESPONSIBLE FOR DETERMINING HOW TO TREAT THEIR DONATIONS AND RECEIPT OF ANY COINS FOR TAX PURPOSES. IF A DONATION IS RETURNED TO A DONOR, THE ASSOCIATED COINS, IF ANY, SHALL BE CANCELED.

Intellectual Property Protection

The information displayed on the Site, including, without limitation, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations, is the property of Gifted Coin, any third party from whom Gifted Coin acquires products for resale, or other Gifted Coin licensors. Such Content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in the Terms of Use. Systematic retrieval of data or other information from the Site, or any other Gifted Coin service to prepare any collection, compilation, database, or directory is strictly prohibited.

Gifted Coin’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Gifted Coin. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gifted Coin or any Gifted Coin affiliates without Gifted Coin’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Gifted Coin’s name or trademarks without the express written consent of Gifted Coin.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF USE, NEITHER GIFTED COIN NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF THESE TERMS OF USE OR YOUR USE OF THE SITE OR THE SITE SERVICES.

Disclaimer of Warranties

Gifted Coin uses reasonable efforts to provide accurate, complete, and current Gifted Coin content on the Site. Nevertheless, Gifted Coin does not guarantee or warrant that the Gifted Coin content displayed on the Site is accurate, complete, timely, or free of technical or typographical errors.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE SITE, IN ANY GIFTED COIN CONTENT, IS AT YOUR SOLE RISK. THE GIFTED COIN CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTED COIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GIFTED COIN DOES NOT MAKE ANY WARRANTY THAT THE GIFTED COIN CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE, AND THE GIFTED COIN CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY GIFTED COIN CONTENT PROVIDED TO YOU, GIFTED COIN DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GIFTED COIN CONTENT PROVIDED ON OR THROUGH THE SITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. GIFTED COIN DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. INFORMATION OBTAINED BY YOU FROM THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE CONTENT DISPLAYED ON THE SITE MAY RELATE TO PRODUCTS OR SERVICES THE SALE OF WHICH MAY REQUIRE A LICENSE OR IS OTHERWISE REGULATED BY LOCAL, STATE OR FEDERAL AGENCIES. GIFTED COIN IS NOT A SELLER OR PROVIDER OF ANY SUCH PRODUCT OR SELLER, AND IS NOT LICENSED TO DO SO. SUCH PRODUCTS OR SERVICES ARE AVAILABLE ONLY FROM THIRD PARTIES, AND NOT FROM GIFTED COIN. BEFORE DOING BUSINESS WITH ANY THIRD PARTY PROVIDING A PRODUCT OR SERVICE THAT IS SUBJECT TO GOVERNMENTAL REGULATION, YOU SHOULD DETERMINE THAT THE PROVIDER OF SUCH PRODUCT OR SERVICE IS LEGALLY AUTHORIZED TO ENGAGE IN SUCH BUSINESS. YOUR DEALINGS WITH ANY PROVIDER OF PRODUCTS OR SERVICES DESCRIBED ON THE SITE IS AT YOUR OWN RISK. YOU ARE ENCOURAGED TO CONSULT WITH YOUR LEGAL, ACCOUNTING OR FINANCIAL ADVISORS BEFORE ACQUIRING ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY PRODUCT OR SERVICE IDENTIFIED ON THE SITE IS APPROPRIATE FOR YOUR PURCHASE OR USE.

Service Fees

Setting up an account on the Services is free. We do not charge our Service fees to Donors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Project Owners as a portion of the Donations they raise (the "Service Fees"). By using the Services Users agree to our Service Fees listed here 5% operation cost, 1% Gifted Community Fund, and 2.9% + .30 per transaction. Any changes to Service Fees would only be effective after changes on the Services. Updated Service Fees are applied to Projects launched after the notice is posted.

Refunds

Donations, including the Service Fees portion thereof, are not refundable. If a Project Owner is unable to perform on any promise and/or commitment to Donors (including delivering any Coins), the Project Owner will work with the Donors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Donations by the Project Owner.

Taxes

Taxing authorities may classify funds raised on the Services as taxable income to the Project Owner and any beneficiary who will receive funds directly from the applicable Project. Gifted Coin will ask for the tax identification number (TIN) of Project Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Gifted Coin will provide Project Owners with a tax document if required by the relevant taxing authorities.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant Gifted Coin a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Gifted Coin, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Third-Party Websites, Advertisers or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Gifted Coin. Access to or use of third-party sites or services are at each User's own risk. Except as otherwise expressly provided herein, Gifted Coin is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Payment Services

Donors acknowledge and agree to comply with their credit or debit card issuer’s crowdfunding and acceptable use policies, if any. Additional credit or debit card or other third party processing fees may apply in addition to any Service Fees. We are not responsible for any performance issues, costs or fees associated with any third party credit or debit card processing or services.

Indemnity

In addition to your duties set forth above, You agree to defend, indemnify and hold harmless Gifted Coin, or any of its employees, officers, directors, subsidiaries, parents, affiliates, or agents (the “Indemnified Parties”) from any losses, expenses, damages, judgments, or penalties, including reasonable attorneys’ fees and litigation expenses incurred at all levels of litigation, whether at trial or on appeal, arising from any allegations by a third party (a “Claim”) that, if proven to be true, would constitute a breach of Your representations, warranties or other obligations under these Terms. A Claim subject to this Section shall include any allegations made by a third party or a governmental agency against an Indemnified Party arising from Your use of the Site. In the event of any Claim, the Indemnified Party shall provide You with prompt written notice of such a Claim, and will cooperate with You on reasonable terms and conditions in Your defense of any such Claim. You shall have the right to select legal counsel to defend any Claim, provided that any Indemnified Party shall have the right to engage independent legal counsel at its expense solely for the purpose of monitoring the progress of the defense or settlement of any Claim. You shall have the right to settle or compromise any Claim, provided that the Indemnified Parties shall have the right to consent to any such settlement or compromise that will materially diminish the Indemnified Parties’ rights under this Terms of Use, which consent the Indemnified Parties shall not unreasonably withhold or delay. This indemnification obligation shall survive any termination of Your right to use the Site.

Waiver and Release

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

YOU SPECIFICALLY AGREE THAT GIFTED COIN IS NOT LIABLE FOR ANY CONDUCT BY YOU WHILE USING THE SITE. GIFTED COIN IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY OF YOUR, OR ANY OTHER PERSON’S COMPUTERS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.

IN NO EVENT SHALL GIFTED COIN BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR THE INABILITY TO USE THE SITE, YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES IDENTIFIED ON THE SITE OR YOUR DEALINGS WITH ANY PROVIDERS OF SUCH PRODUCTS OR SERVICES, ANY GIFTED COIN CONTENT, ANY INFORMATION ACCESSIBLE ON THE SITE, FROM ANY MESSAGES SENT OR RECEIVED THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU WILL FILE ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR TO INTERPRET OR ENFORCE THE TERMS WITHIN ONE (1) YEAR OF RECEIVING THE TERMS OF USE OR BE FOREVER BARRED.

For jurisdictions that do not allow Gifted Coin to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Gifted Coin's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Gifted Coin does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Gifted Coin without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Gifted Coin may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Florida (the principal place of business and corporate headquarters of Gifted Coin); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Gifted Coin, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles.

Arbitration

Each User agrees that any and all disputes or claims that have arisen or may arise between such User and Gifted Coin relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Gifted Coin will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. A User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waive any right to a jury trial. User and Gifted Coin also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the County of Collier, Florida. Subject to the arbitration provisions set forth above, the prevailing party in any dispute will be entitled to receive from the non-prevailing party all of its reasonable attorneys’ fees and costs incurred at all levels, including appeals.

Disclaimers

Many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Gifted Coin merely provides a technology platform to allow Project Owners to connect with Donors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

Gifted Coin makes no representations, warranties or other assertions as to the potential tax deductible status of any Donation by a Donor to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed — or remains currently deemed — a charitable or tax-advantaged organization by the Internal Revenue Service.

Privacy Policy

Gifted Coin respects Your right to privacy and understands that visitors to the Site need to be in control of their personal information. To that end, Gifted Coin has developed a Privacy Policy , that governs Your use of the Site, and You should review it carefully. Your use of the Site constitutes Your consent to the terms set forth in the Site’s Privacy Policy

Services Solely Directed to United States / English Language

Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

Export Compliance

Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.

Cooperation with Law Enforcement and Regulatory Authorities

We will cooperate with law enforcement and regulatory authorities when we believe that it is required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree Gifted Coin may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Unsolicited Idea Submissions

We welcome comments or suggestions to improve the Services, however, please be advised that: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Gifted Coin will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Gifted Coin will not be liable for any use or disclosure of any submission; and (d) Gifted Coin shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.

Entire Agreement/Severability

These Terms are the entire agreement between each User and Gifted Coin regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Gifted Coin's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

DMCA Complaints

If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify Gifted Coin immediately at the address set forth below. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):

  • 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 at a single online website are covered by a single notification, a representative list of such works at that website.
  • 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 Gifted Coin to locate the material.
  • information reasonably sufficient to permit Gifted Coin to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
  • a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted to the Gifted Coin DMCA agent ("the DMCA Agent") by mail and email to the following addresses:

Gifted Coin, Inc.
Attention: DMCA agent
8805 Tamiami Trail N
Suite 243
Naples, FL 34108

If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:

  • a physical or electronic signature of the Respondent;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the United States Federal District Court for the judicial district in which the address is located and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.

Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Gifted Coin, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.

GIFTED COIN WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.

In accordance with the DMCA and other applicable laws, Gifted Coin has adopted a policy of terminating, in appropriate circumstances and at Gifted Coin's sole discretion, repeat infringers.

Termination of Site Access

You understand and agree that Gifted Coin, in its sole discretion, may terminate Your right to use the Site, direct You to cease using the Site, and discontinue or restrict Your access to the Site, all without notice to You and for any reason. You agree that Gifted Coin shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, or any parts thereof.

Modifications to the Site

You understand and agree that Gifted Coin may discontinue or change the Site at any time, without notice to You. Gifted Coin makes no commitment to update the information and content on the Site. Gifted Coin may, as it deems necessary and appropriate, make revisions, upgrades and modifications to the Site from time to time to maintain the general performance and functionality of the Site at no additional charge to You.

Our contact information:

Gifted Coin, Inc.
8805 Tamiami Trail N
Suite 243
Naples, FL 34108

This document was last updated: September 2016.