The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by Charity Blast, LLC and/or Charity Blast of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Copyright and Service Mark Information:
Copyright Charity Blast, 2005, all rights reserved. "Charity Blast," "CB," "CharityBlast.com," "charityblast.com," "Charity Blast, LLC" and associated logos are protected service marks of Charity Blast in the United States and other countries. All other trademarks are the property of their respective owners.
Limited Right to Use:
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
Editing, Deleting and Modification:
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site at any time without warning.
You agree to indemnify, defend and hold Charity Blast and/or Charity Blast, LLC and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Charity Blast DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other Web Sites/Information Control
The Site may now, or hereafter, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk. We do not control the information provided by advertisers that is made available through our system. You may find advertiser's websites and/or information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the sites outside of this Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Charity Blast and/or Charity Blast, LLC are not responsible for the acts or omissions of owners of websites outside of www.charityblast.com. We are not involved in the actual transaction between advertisers and buyers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of codes under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Charity Blast is a For Profit Organization.
Though we work with charitable organizations, we also work with individuals and for-profit organizations. The Site makes no public distinction between categories of registrants of Charity Blast.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Charity Blast account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining and using Charityblast.com as a means to support organizations/individuals is free. Points earned by members may only be redeemed if our advertisers determine they are valid and have made payment. We do accept commissions for items and services advertised through our Site and are taken when deals are completed and only when we are paid through said advertisers. We may change our fees and credits policy and the fees for our services at any time without notice. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, increasing an account holder's percentage of revenue earned through a particular transaction) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. A 1099 will be issued to all individuals/for-profit organizations which earn $600 or more during the calendar year.You are responsible for paying all applicable taxes for revenue income earned. All fees are listed next to the corresponding product or service offering. All PayPal direct donations will be charged a 10% service fee by Charity Blast.
Because we are a facilitator, in the event that you have a dispute with one or more vendors, you release Charity Blast (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive the known California Civil Code which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." as well as all such releases in all other states. Charity Blast is only available to citizens and corporations in the United States of America.
The Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements.
Information and Press Releases:
The Site may contain interviews, discussions, quotes, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Charity Blast was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Charity Blast that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Charity Blast, are solely those of the author(s) and do not necessarily reflect those of Charity Blast. With respect to Information, contained in links to third-party websites, please refer to "Links to other Websites" above.
Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.
Visitors' Communications with Charity Blast and/or Charity Blast:
Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
i. You represent and warrant that Charity Blast's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter into this agreement;
iii. Charity Blast is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
iv. You grant Charity Blast all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Charity Blast to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.
Charity Blast expressly prohibits the scraping of email addresses from any CHARITY BLAST Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to charityblast.com domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
This Agreement shall be treated as though it were executed and performed in Wilmington, North Carolina, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of North Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Disclaimer" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Wilmington County and the United States District Court for the Central District of North Carolina with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
What types of information does CharityBlast.com collect?
Personal Information. We collect Personal Information from you. As explained above, Personal Information is information that can be used to identify you individually, such as your name, mailing address, phone number, email address, credit card number, and financial information.
Non-Personal Information. We also collect "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP Address. This information ("Non-Personal Information") cannot be easily used to personally identify you.
How and When Does CharityBlast.com Collect This Information?
We collect Personal Information from you when you provide it to us. If you create a Charity Blast Account for yourself or your organization, we may collect your name, tax identification number, mailing address, email address, and other information that we request in the registration process, and any information that you provide. If you sign up to receive a newsletter, we will collect your email address.
Communications With Us. If you communicate with us regarding the Web Site or the CharityBlast.com Services, we will collect any information that you provide to us in any such communication.
Analytic and Reporting Technologies. Like the operators of most web sites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, clickstream patterns, and the dates and times that the Web Site and the CharityBlast.com Services are accessed.
How Does CharityBlast.com Use My Information?
Personal Information: We use Personal Information for our own internal purposes, such as providing, maintaining, evaluating, and improving the CharityBlast.com Services and the Web Site, fulfilling requests for information, and providing customer support. For example, if you create a CharityBlast Account, we will use the information that you provide to communicate with you and pay you any commissions that you earn. Similarly, if you sign up to receive a CharityBlast.com newsletter, we will use the email address you provide to send you the newsletters and coupon codes.
Non-Personal Information: We use non-personal information to track your use of the Web Site and the CharityBlast.com Services and for other internal purposes, particularly providing, maintaining, evaluating, and improving the CharityBlast.com Services and the Web Site.
When Will CharityBlast.com Disclose My Information to Third Parties?
You authorize Charity Blast to only disclose to third parties information you have provided, or information that Charity Blast has obtained about your Charity Blast account or shopping behavior: (i) to agents and licensors of Charity Blast or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize Charity Blast to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Charity Blast. If you choose to use the website, you allow Charity Blast to collect and use non-personalized marketing information regarding visits and related to and purchases made from internet commerce sites.
Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event CharityBlast.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or by a notice on our Web Site of any such change in ownership or control of your personal information.
How we use "Cookies"
Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Web Site Content. The content that you store, post, or transmit on or through the Web Site, such as message board postings, "About Me" pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.
How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at email@example.com. If your Personal Information changes or if you no longer want to use the CharityBlast.com Services, we will, upon request, correct, update or deactivate your Personal Information and/or your account.
If you choose to use our referral service to tell a friend about the CharityBlast.com Web Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Web Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact our Customer Service department to request that we deactivate this information in our database.
The security of your personal information is important to us. All sensitive information from your W-9 forms will be stored in secure locations.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Revised and republished November 30, 2006