Effective Date: September 1, 2024
1.1. Purpose of the Terms: Welcome to GiftMeJoy! These Terms of Service, which we may update from time to time, apply to the GiftMeJoy Platform, including our website at www.GiftMeJoy.com, mobile apps, and any new features we might add. These Terms of Service are important because they help define our relationship with you as you use the Platform. “GiftMeJoy,” “we,” “us,” “our,” and other similar terms, shall refer to the party you are contracting with.
1.2. Acceptance of Terms: By using any of the Services or the Platform, you’re agreeing to these Terms of Service. This means you understand and accept all the rules about using our Services. Whether you are contributing to a Gift Experience Fundraiser as a Gifter, starting a Gift Experience Campaign/Fundraiser, withdrawing funds as the Organizer, or Recipient/Beneficiary, or otherwise interacting with the Services, these terms apply to you. Depending on where you live, you might be entering into this agreement with different GiftMeJoy entities. If you are located in the United States, you are contracting with GiftMeJoy, Inc. Please see the bottom of these Terms of Service for the address and contact information for the GiftMeJoy entity.
1.3. Quick Note on Arbitration: If you’re using GiftMeJoy in the United States or Canada, you need to know about our arbitration agreement. By using our Services, you are agreeing that if there’s a disagreement or legal issue between you and GiftMeJoy, it will be resolved through binding arbitration, not in court. You also waive your right to be part of a class action lawsuit or to have a jury trial. Please make sure to read the “Dispute Resolution & Arbitration” section of these Terms of Service for more details.
These are the key terms that you need to know that will be referenced throughout these Terms of Service:
2.1. Account: A unique account created by a user to access and utilize GiftMeJoy’s Services, which includes personal information, credentials, and activity logs.
2.2. Affiliates: Any entity that directly or indirectly controls, is controlled by, or is under common control with GiftMeJoy. This includes subsidiaries, parent companies, and any other related entities.
2.3. Beneficiary: The individual, group or entity for whose benefit the corresponding Fundraiser is conducted and who is the intended recipient of the funds raised.
2.5. Gifter: Any individual or entity that contributes funds to a Fundraiser on or through the Services.
2.6. Fundraiser: A gift campaign initiated on the Services with the goal of raising funds for a specific purpose for a Beneficiary.
2.8. Organizer: An individual who initiates and manages a fundraiser on the Platform.
2.9. Platform: The entire suite of online Services provided by GiftMeJoy and its Affiliates, including our website, mobile applications, and any related services or technologies.
2.11. Services: The various features, functionalities, and tools provided by GiftMeJoy and its Affiliates through its Platform, enabling Users to create and manage Fundraisers, donate and interact with each other.
2.12. Services Content: All content and materials provided by GiftMeJoy on the Services, including text, graphics, logos, images, and software, excluding User Content.
2.13. Software: The proprietary software and applications provided and owned by GiftMeJoy that enable users to access and use the Services.
2.14. Third Party Resources: Any websites, Services, content, or resources provided by entities other than GiftMeJoy or its Affiliates, which may be accessible through the Services.
2.15. Transaction Fee: A fee charged by GiftMeJoy or its payment processors for processing donations. To learn more about the Platform and the applicable Transaction Fee, visit GiftMeJoy Pricing.
2.16. Transfers: The process of moving funds raised through the Services to the Beneficiary’s bank account or other designated account.
2.17. User: Any individual or entity that accesses, registers for, or uses the Platform, including Organizers, Gifters, and Beneficiaries.
2.18. User Content: Any content, including text, images, videos, and other materials, that a User posts, uploads, submits, or otherwise makes available or shares with other Users on or through the Services.
2.19. User Conduct: The behaviors and actions of Users while using or otherwise accessing the Services.
3.1. Description of the Services provided: We offer a Platform for individuals to create Fundraisers to collect monetary donations/contributions from Gifters for themselves or a third party who will benefit from the funds.
3.2. Our Role and Limitations: Our Services are a tool for running Fundraisers and for helping Organizers connect with Gifters; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, the existence of the Services is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Platform. All information provided through our Services is for your general knowledge and isn’t meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any User, Fundraiser, or gift, and we can’t guarantee the success of a Fundraiser. As a Gifter, it’s up to you to decide if a gift is worth contributing to.
3.3. Modification, Suspension, or Termination of the Services: We can change, pause, or stop all or some of the Services at any time and for any reason. We will try to avoid any problems this might cause you or others, but sometimes we might not be able to give you advance notice, especially if it’s an emergency or required by law. We are not responsible for any issues that these changes might cause.
4.1. What You Need for Registration: When you sign up to use certain Services, you must provide information that is correct and complete about yourself and the recipient of the gift funds. This includes your real name, address, phone number and any photos or videos that you may provide, if you’re organizing the Fundraiser. It’s important to always keep this information up to date to ensure everything runs smoothly. Our Privacy Notice and these Terms of Service govern the registration data and any other information you provide.
4.2. Compliance with Third-Party Services: You might also need to register with third-party payment processors we work with, which may involve agreeing to their terms (provided under the Payment Processor section below). If, at any point, we or our payment processors discover that the information you provided to us is inaccurate, violates our Terms of Service or terms of service of our payment processors, or if you misuse the funds, we may immediately suspend or terminate your access to all or some of our Services. You could also face criminal charges by relevant governmental authorities.
4.3. Age Restrictions: If you are under 13 years old (or under 16 in the European Economic Area, the United Kingdom, or Switzerland), you cannot use the Platform or Services, even with registration. If you’re not yet an adult in your area, which usually means being under 18 or 19 depending on the law where you live, you can only use our Platform or Services with your parent’s or guardian’s permission.
4.4. Keeping Your Account Safe: You are responsible for keeping your password and account information confidential. Do not share your password with anyone. If you think someone else has used your Account without your permission, you should tell us right away. Also, always remember to log out of your Account when you’re done using it, especially if you’re on a computer that others can use too. If you don’t keep your Account safe and comply with these Terms of Service, GiftMeJoy won’t be responsible for any losses that you may incur. For more information on how to keep your account safe, visit our Account security page.
4.5. Mobile Services and Text Messages: In the future, the Services may include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). If and when these features become available: To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your Account or security by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your GiftMeJoy Account, if you click “Send code” by “Text Message,” you agree to receive automated and non automated text messages related to your Account from or on behalf of GiftMeJoy at the phone number provided. You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your Account. Message frequency will vary. Message and normal data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your GiftMeJoy Account information to ensure that your messages are not sent to the person that acquires your old number.
GiftMeJoy itself does not hold any funds raised on our Platform, nor does it handle the actual processing of payments. Instead, we use third-party payment processors to manage and process all donations or contributions for Fundraisers. To Transfer funds from a Fundraiser, you must provide your bank account details to our payment processor partners.
By making a Donation, setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, you agree to the processing, use, Transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processor includes: Stripe, Inc. (Stripe’s terms of service).
For more details, including how we handle data with these third party payment processors, please refer to our Privacy Notice and Stripe, Inc. (Stripe’s terms of service).
6.1. Organizers: As an Organizer, you represent and warrant that all the information you provide (whether directly, or through an agent or by using artificial intelligence) about your Gift Experience Fundraiser is accurate, complete, and clear. You are responsible for describing on your Fundraiser how funds will be used, and ensuring the funds raised are only used for that specific purpose. If you are raising funds on behalf of someone else, you must ensure that all funds raised are given to or spent on behalf of that Beneficiary. When you organize a Fundraiser, you agree to follow all laws and regulations related to your Fundraiser, including but not limited to those about taxes and donations. If you are using personal data from anyone, including but not limited to their name, image or likeness, you must have their valid legal permission to share it with us and post it on the Services. You also agree not to provide or offer to provide goods or services in exchange for donations. We may share information about your Fundraiser with Gifters, the Beneficiary, legal authorities, and as otherwise described in our Privacy Notice.
(a) Maintaining Accurate Information: Keeping your registration details accurate and current is essential. This includes updating your name, address, and any images or videos you use to represent yourself. This helps maintain transparency and trust with Gifters and ensures compliance with these Terms of Service and applicable legal requirements.
(b) You Agree to Cooperate: When you organize a Gift Experience Fundraiser on GiftMeJoy, you agree to fully cooperate with any request for evidence that we deem necessary to verify your compliance with these Terms of Service. Our requests may include, but are not limited to, asking that you: (a) explain how funds were or will be handled; (b) supply documentary evidence of the circumstances described on your Fundraiser; (c) share the identity of any party receiving, benefitting from, or involved with handling all or any portion of the funds; (d) supply proof of how funds were or will be used; or (e) supply evidence that the intended third party Beneficiary consents to a plan for distribution of funds consistent with the description of your Fundraiser. We reserve the right to refuse, condition, suspend, freeze or ban any Donations, Accounts, Fundraisers, Transfers or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or GiftMeJoy, or that expose you, GiftMeJoy, or others to risks unacceptable to us.
6.2. Gifters: When you donate money on GiftMeJoy, it’s your responsibility to understand how your donation/contribution will be used, and you donate at your own risk. We are not responsible for what Organizers promise or offer in their Fundraisers. We are also not responsible for verifying information that appears on Fundraisers, nor do we guarantee that Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser. However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any Fundraiser or User that violates our Terms of Service.
(a) Making Donations: When you donate to a Gift Experience Fundraiser GiftMeJoy, you need to use a credit card or other payment method that is linked to your Account. You represent and warrant that your payment information is correct and that you are legally authorized to use your payment method. There may be a minimum amount you can donate, and once you donate your money will not be refunded unless GiftMeJoy decides to give a refund in special cases. We use third party payment processors to process your donation. As explained further in Section 5 “Payment Processors”, by donating, you also agree to allow our payment processors to handle your payment information according to their rules and these Terms. For details on the companies we use for processing payments and their rules, please check the “Payment Processors” section above.
(c) Refunds and Disputes: If you believe that an error has occurred in any of your donations, please contact us immediately so we can help resolve the issue. Any fraud disputes or chargebacks initiated with your payment provider may be contested by us on the basis of this authorization.
(d) Reporting Concerns: We take any reports of fraud or misuse of funds very seriously. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please message us to alert our team of this potential issue and we will investigate.
6.4. Tax Responsibilities for Organizers and Beneficiaries: We do not withhold funds for tax purposes or otherwise. You, as an Organizer or Beneficiary are solely responsible for paying any applicable taxes in connection with any donations you receive. It’s up to you to calculate, report, and pay the correct amount of tax to the tax authorities.
7.1. Transfers: While we strive to make Transfers available to you promptly, our ability to do so is dependent upon Users providing the right information and upon our technical systems operating as intended. You acknowledge and agree that: (i) Transfers may not be available to you for use immediately; (ii) we do not guarantee that Transfers will be always available to you within any specific time frame, but we will use commercially reasonable efforts to provide Transfers as soon as reasonably possible; (iii) you will cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service; and (iv) to the extent permitted by applicable law, we expressly disclaim any and all responsibility for any delay in Transfers or your inability to access and use donated funds at any specified time, and any consequences arising from such delay or inability. We will use commercially reasonable efforts to let you know when you can expect to receive the Transfer and to provide a clear timeframe whenever possible.
(a) You must provide accurate info: You, as an Organizer and/or Beneficiary, are responsible for (i) verifying your personal information and bank account information under “Connect with Stripe/Set up transfers” as soon as possible; and (ii) ensuring that the information you provide to GiftMeJoy and/or its Affiliates in order to process a Transfer, including bank account information, is accurate and up to date.
(b) Refunds: We may, without notice and in our sole discretion, offer or issue a refund of Donation(s), which may comprise the entire amount donated/contributed to your Gift Experience Fundraiser. To the extent permitted by applicable law, we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing refunds, including, but not limited to transaction or overdraft fees.
(c) Transfer Funds within 120 Days: Our payment processors are not able to hold funds indefinitely. If you do not Transfer your donations to your bank account within one hundred and twenty (120) days of your first donation, our payment processors may, in accordance with relevant laws and regulations, refund or escheat any funds raised. You will be responsible for working with the appropriate governmental authority to claim any escheated funds.
7.2. Transfer Holds: We may, in our sole discretion, place a hold on a Fundraiser, restrict Transfers, initiate a reverse ACH Transfer, secure reserves, or take similar actions to protect our Users (any of these actions may be referred to as a “Hold”). We may put a Hold on your Fundraiser or Account for several reasons, including but not limited to:
(a) We need more information to verify that your Fundraiser complies with our Terms of Service, or we have determined that a Fundraiser or User has violated our Terms of Service;
(b) Our determination that the funds should be provided directly to a person other than the Organizer, such as a legal Beneficiary or person entitled by law to act on behalf of an Organizer;
(c) We have identified activity on your Fundraiser that introduces risks unacceptable to us;
(d) Such action is required to comply with a court order, injunction, writ, or as otherwise required under applicable law and regulations.
If you have questions about a Hold we may have placed on your Fundraiser or Account, or need information about how to resolve the Hold, please see this article and check the email account used to register for additional information.
7.3. Payment Processor Chargebacks: Occasionally, a Gifter may dispute a credit card charge for a Donation through the Services or submit a request for a refund. In situations where the Cardholder is not alleging that a fraudulent donation has been made (i.e. that the transaction was not made by the cardholder), the Cardholder should always attempt to resolve the dispute with the Organizer or with us before pursuing a chargeback.
We will review each chargeback request to determine whether the chargeback is legitimate, and if we determine a chargeback is not legitimate, we may use information submitted by you and/or at our disposal at the time of donation to defend that chargeback. Further, we will defend any non-fraud chargeback with such reason codes as Merchandise / Services Not Received or any other code that suggests non-delivery, as transactions processed on GiftMeJoy are donations without the expectation or exchange of goods or services.
If a Gifter disputes their transaction with their card issuer, or if the card issuer disputes the transaction on behalf of the cardholder and it becomes a chargeback, the Gifter surrenders, without limitation, any benefits or protections related to that Donation.
This Section includes our rules about prohibited and/or illegal Fundraisers and User Content. We may remove any User Content–including any Fundraisers–that we determine violates these Terms of Service. Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or take any other appropriate legal action.
We may investigate a Fundraiser, a User or User Content at any time to ensure compliance with these Terms of Service. In doing so, we may consider all available material, including but not limited to social media, related news, and any other information that we deem relevant in our review. Please note that while we reserve the right to remove, edit, or modify any content on our Platform at our sole discretion, we are not obligated to do so. This includes content that is illegal, inaccurate, misleading, infringes on intellectual property rights, or violates these Terms of Service.
You agree that you will not use the Services or Platform to raise funds or establish any Fundraiser for the purposes of promoting or involving:
8.1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers that are utilized in connection with the Services;
8.2. Fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
8.3. offensive, graphic, perverse or sexual content;
8.4. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
8.5. purchase or use by an organization or individual of drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, or prohibited at the state or national level;
8.6. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority and by our payment service providers;
8.7. any equipment or weapons meant for use in conflict or by an armed group, explosives, ammunition, firearms, knives, or other weaponry or accessories;
8.8. any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;
8.9. User Content that reflects, incites or promotes bullying, harassment, discrimination, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, disabilities or diseases;
8.10. the legal defense of financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes or crimes against minors;
8.11. User Content that promotes self-harm or suicide;
8.12. gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving rewards (monetary or otherwise) in exchange for donations, including event tickets, raffle entries, meet-and-greet opportunities, gift cards or sweepstakes;
8.13. any activity that disguises, conceals, or otherwise obscures the origin of funds;
8.14. annuities, investments with the expectation of a return, loans, equity or lottery contracts, lay-away system, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
8.15. the receipt or grant of cash advances or lines of credit to yourself or to another person for any reason, including but not limited to self payments, or payments for which there is no apparent purpose;
8.16. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party, including but not limited to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
8.17. the sale or resale of goods or services;
8.18. any attempt to bypass or otherwise circumvent payment processing rules and regulations, or these Terms of Service;
8.19. any activity that presents GiftMeJoy with an unacceptable risk of financial loss;
8.20. any other activity that GiftMeJoy may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose GiftMeJoy, its employees or Users to any harm or liability of any type.
You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.
This Section includes our rules about User Conduct that is prohibited and/or illegal. We may remove any User Content–including any Fundraisers–if we determine that a relevant User has engaged in User Conduct that violates these Terms of Service. Further, if you violate these Terms of Service, we may ban or disable your use of the Services, stop payments to any Fundraiser, freeze or place a hold on donations and Transfers, report you to law enforcement authorities, or otherwise take appropriate legal action.
By using the Services or our Platform, you agree:
9.1. not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
9.2. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
9.3. not to harvest, collect, scrape or publish personally identifiable information of others;
9.4. not to raise funds for a minor without the express permission of the minor’s guardian;
9.5. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
9.6. not to use another User’s Account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
9.7. not to create any liability for GiftMeJoy or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
9.8. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
9.9. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
9.10. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
9.11. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
9.12. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services;
9.13. not to share your password or login credentials with anyone for any reason;
9.14. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
9.15. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
9.16. not to attempt to undertake indirectly any of the foregoing.
9.17. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by GiftMeJoy from time to time;
9.18. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for GiftMeJoy to verify compliance with these Terms of Service and make such records available to GiftMeJoy upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
9.19. at GiftMeJoy’s request, to cooperate as far as reasonably possible and permitted under applicable law, in the auditing of, investigation of (including without limitation, investigations by GiftMeJoy, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.
If you have reason to believe that a Fundraiser contains illegal content or content that violates these Terms of Service or our content moderation policies, please email us at support@giftmejoy.com to alert our team of this potential issue and we will investigate.
We seek to leverage a combination of business rules, machine learning, and human review to identify and remediate violations of our Terms of Service. You acknowledge that rules in this section concerning content moderation are without prejudice to policies/procedures available regulating how we seek to moderate User Content, how we seek to protect individuals from illegal content, the impending process for reporting or appealing violations, the impending process for handling and resolution of complaints and the impending dispute resolution systems available.
11.1. We Charge a Platform Fee: A Platform fee is an upfront, calculated charge, either fixed or percentage-based, for accessing or using a specific service on a Platform. We do not charge to start or maintain a Fundraiser. However, a Transaction Fee and a Platform fee does apply to donations received. The transaction fee covers the cost of the payment processing charges and the platform fee maintains the functioning of the website.
11.2. A Transaction Fee Is Charged on All Donations: A Transaction Fee is the cost of processing a payment. Although there are no Platform fees to start or maintain a Fundraiser, please keep in mind that a Transaction fee and Platform fee, including credit and debit charges, is deducted from each donation by our Payment Processors to securely deliver your donations. To learn more about our fees, please visit GiftMeJoy Pricing.
12.1. Ownership and intellectual property: You acknowledge that the Services Content are protected under laws related to copyright, patent, trademark, and other proprietary rights. The technology and Software that support the Services, or are distributed in connection with them, are owned by GiftMeJoy, our Affiliates, and our partners.
12.2. Use of GiftMeJoy Trademarks: The GiftMeJoy name and logos are trademarks of GiftMeJoy and its Affiliates (collectively the “GiftMeJoy Trademarks”). Other company, product, and service names and logos displayed on our Services or Platform may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service or our Services gives you permission to use any GiftMeJoy Trademarks without our prior written consent. All goodwill generated from the use of GiftMeJoy Trademarks benefits us exclusively.
12.3. Do Not Misappropriate Content on our Site: You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content. You agree not to use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods to extract or copy any of the Services Content in any form or otherwise in connection with your use of the Services. If we block your access to the Services (including blocking your IP address), you agree not to bypass this blocking (for example, by masking your IP address or using a proxy IP address). Any rights not expressly granted herein by us are reserved.
12.4. Do Not Misappropriate our Software: You are prohibited from copying, modifying, creating derivative works of, reverse engineering, disassembling, or attempting to discover any source code of the Software or the Services in any form.
12.5. Rights and Permissions for User Content You Share: When you share content through our Services, you represent and warrant that you either own the content or have permission to use and share it. This includes all related copyrights, trademarks, and rights to privacy or publicity. When you upload, share, or make any User Content available in connection with the Services, you grant GiftMeJoy and its Affiliates the worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, distribute, store, modify, publish, prepare derivative works, or otherwise use that User Content for any purpose, including, with your prior consent, for the promotion, advertisement or marketing of our Services in any form of media. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or GiftMeJoy’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
12.6. Release and Waiver of Rights in User Content: When you post any User Content and to the maximum extent permitted by law, you irrevocably waive any moral rights in your User
Content against us and our Users, and agree to release and hold harmless GiftMeJoy, our contractors and our employees from (i) any claims for invasion of privacy, publicity or libel; (ii) any liability from the use of your name, image, or likeness, including blurring, distortion, alteration or other uses; and (iii) any liability for claims made by you related to your User Content, name, image or likeness. By posting User Content, you also waive any right to inspect or approve any intermediary or finished versions of your User Content. If your User Content includes anyone other than yourself, you represent and warrant that you have obtained all necessary permissions, waivers, and releases from those individuals. This ensures that GiftMeJoy can use the content as described above without any legal issues.
12.7. User Submissions and Feedback: Any content or information you provide to GiftMeJoy, whether solicited or not, may be publicly accessible. This includes any information you post on forums, in comment sections, surveys, customer support communications, or any other submissions such ideas, suggestions or feedback about the Services (“Submissions and Feedback”). By submitting any Submissions or Feedback, you agree that (i) we have no obligation to keep Submissions or Feedback confidential; (ii) we may already have similar information under consideration or development; (iii) we can use and distribute Submissions and Feedback for any purpose, without acknowledgement or compensation to you; (iv) you have all necessary rights to submit such Submissions and Feedback; (v) you grant GiftMeJoy a perpetual, worldwide, royalty-free, irrevocable, non-exclusive, and fully transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit other information, including the right to sublicense these rights; and (vi) You waive any moral rights or equivalent claims to the extent permitted by law. This section remains effective even after your Account or use of the Services is terminated.
12.8. Copyright or Trademark Complaints: We respect the intellectual property of others, and we ask that our Users do the same. We will process and investigate notices of alleged copyright or trademark infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”) or other locally equivalent intellectual property laws. In our sole discretion, we may terminate the Accounts of any Users who infringe on others’ intellectual property rights
(a) Takedown Notice: If you believe that your work appears on our site in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you must notify us in writing, as follows:
Email us at support@giftmejoy.com with the subject line (“DMCA Takedown Request”), or mail your request to:
GiftMeJoy
11956 Bernardo Plaza Drive #148
San Diego, CA, 92128
United States
To be effective, your Takedown Notice must contain the following information:
13.1. Privacy Notice: At GiftMeJoy, we respect the privacy of our Users. For details, please see our Privacy Notice. By using the Services, you acknowledge our collection, use and sharing of personal data as outlined therein.
13.2. Retention of Fundraiser Data: We are not obligated to retain data related to any Account or Fundraiser after its conclusion. We may delete historical data or terminate inactive Accounts without notice, except for any data we must keep to comply with legal obligations or to establish, exercise or defend legal claims. When possible, we will try to provide NPOs with reasonable notice before deleting Accounts or data tied to them.
13.3. Understanding Public Visibility and Privacy Settings: Some things you do on our Platform are public, like the posts you make and the material you upload (this could be anything from descriptions, photos, videos, comments, to music and logos). Also, the profile information you provide (like your name, organization, and biography) can be seen by other Users to help people connect within the Service. For example, if you’re organizing a Fundraiser, you might share personal details. If you’re donating, the Fundraiser Organizer, their team, the Beneficiary and others will see your information according to our Privacy Notice.
13.4. Third-Party Communications: When using our Services to communicate with third parties (e.g., referring someone or discussing a Fundraiser or Donation), you (i) confirm you have the authority and necessary consents from the third party to share their data with us and that you have informed them about how their information will be collected and used by GiftMeJoy; and (ii) agree that we may identify you as the person who made the referral in any messages sent to the third party. You also agree that we may use such data to contact the third party or provide you with a template message to facilitate communication and that we may send reminders or related messages to you and the third party.
13.5. Artificial Intelligence: We’re constantly developing new technologies and features to improve our Services. For example, we may enable you to use artificial intelligence developed by us and/or our vendors to make it easier for you to write, create assets or other content and promote your use of our Services such as helping you draft posts or create photos or videos to share your campaigns, or for optimizing the use of our Services. Use of such features is optional, offered solely as a convenience to you, and such features are offered on an as-is basis with no warranties of any kind. Any output generated by use of any such Services enabled by artificial intelligence and machine learning is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. It is also possible that output through the use of large language models is not always unique across customers and the Services may generate the same or similar results across multiple Users.
14.1. Other Third Party Websites/Links/Services. Our Services may rely on, or certain third parties may include in our Services links to, certain Third Party Resources. We have no control over such Third Party Resources and do not endorse or otherwise take any responsibility for such Third Party Resources. By using our Services, you agree that we are not liable for the content, functions, accuracy, or legality of these Third Party Resources, or any damages or loss that may be caused by these Third Party Resources. In certain situations, Third Party Resources may include products or services offered by a third party that you may display or are otherwise made available through the Services and if so, you may be subject to third-party terms associated with such Third Party Resources. GiftMeJoy has relationships with certain providers of such products and services, and we may be paid by such providers in the form of commissions in connection with these products and services.
You agree that we may, in response to concerns of fraudulent or illegal activity or a material breach of these Terms of Service, suspend or terminate your Account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time, including any Fundraisers you may have organized. To the extent permitted by applicable law, we may take any such actions without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. We may take such actions with or without providing you notice.
15.1. Account Closures: We reserve the right, without limitation, to close your Account or disable your access to the Services in any of the following circumstances: (i) we are unable to confirm that your Fundraiser complies with these Terms of Service; (ii) we are unable to support your Account from a technical perspective; (iii) our payment processors are unable to support your Account; (iv) the Beneficiary requests that the Fundraiser is removed; (v) your Account becomes dormant or otherwise abandoned; (vi) your Account displays activity that poses a risk to GiftMeJoy or its community; or (vii) such action(s) is required to comply with a court order, writ, injunction, or as otherwise required under applicable laws and regulations. If we close your account or otherwise disable your access to the Services for any of these reasons, we may also issue refunds, as appropriate, in accordance with these Terms of Service.
16.1. Warranty Disclaimer: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF GIFTMEJOY AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT PREJUDICE TO STATUTORY WARRANTIES UNDER APPLICABLE LAW, AND WITHOUT PREJUDICE TO CONTENT MODERATION REQUIREMENTS WHERE PRESCRIBED BY APPLICABLE LAW, NEITHER GIFTMEJOY NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY OR CLAIM THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ALL THIRD-PARTY INFORMATION AND CONTENT ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. GIFTMEJOY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THIS INFORMATION. NO CONTENT IS INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING DECISIONS ABOUT FUNDRAISERS, DONATIONS, OR ANY RELATED INFORMATION, CONSULT WITH YOUR FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISOR. YOU ACKNOWLEDGE THAT YOU ACCESS ALL INFORMATION AND CONTENT ON THE SERVICES AT YOUR OWN RISK.
WE DO NOT GUARANTEE THAT ANY FUNDRAISER WILL RECEIVE A SPECIFIC AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER, USER, OR CAUSE, AND WE MAKE NO GUARANTEES ABOUT THE ACCURACY OF INFORMATION PROVIDED THROUGH THE SERVICES. AS A GIFTER, YOU MUST DETERMINE THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY USER OR FUNDRAISER.
16.2. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIFTMEJOY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS; (III) DAMAGES FOR LOSS OF GOODWILL; (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF GIFTMEJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTMEJOY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIFTMEJOY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
YOU AGREE THAT NEITHER GIFTMEJOY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY CONTENT OR MATERIALS OF ANY THIRD PARTIES (INCLUDING USERS) OR ANY USER CONTENT (INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUCH USER CONTENT. YOU ACKNOWLEDGE THAT GIFTMEJOY DOES NOT PRE-SCREEN ALL USER CONTENT, BUT THAT GIFTMEJOY AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, REMOVE, OR ALLOW ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, COSTS OR LOSSES RESULTING THEREFROM. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE OUTCOME OR SUCCESS OF ANY FUNDRAISER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
17.1. Obligations of Users to Indemnify GiftMeJoy against certain types of claims: To the fullest extent permitted by applicable law, You agree to release, indemnify and hold GiftMeJoy and its Affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, claims, and actions of any kind, arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that GiftMeJoy has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify GiftMeJoy for the costs of its defense.
17.2. Release of Claims: If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine to the extent permitted by law.
18.1. USERS IN THE UNITED STATES AND ANYWHERE ELSE IN THE WORLD:
PLEASE READ THIS SECTION CAREFULLY BEFORE USING THE SERVICES OR PLATFORM AS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. This Agreement requires you to arbitrate disputes with GiftMeJoy and limits the manner in which you can seek relief. This Agreement limits certain legal rights, including the right to a jury trial, the right to participate in any form of class, collective, or representative claim, dispute or action, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration process described within this section.
(a) Informal Resolution: You and GiftMeJoy agree that good-faith informal efforts to resolve disputes can often result in a prompt, low-cost and mutually beneficial outcome. In the unlikely event that a disagreement arises between you and GiftMeJoy regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services or the Platform (collectively, “Dispute”), prior to initiating any legal action, you must first contact us directly by email at support@giftmejoy with the subject line (“Dispute Resolution”). You must provide your name, the email address associated with your GiftMeJoy account (if any), a description of the Dispute and the specific relief sought.
You agree that the term “Dispute” in these Terms of Service will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of GiftMeJoy, or third party if GiftMeJoy could be liable, directly or indirectly, for such Dispute. This includes any Disputes arising out of or relating to your relationship with us, including without limitation, disputes related to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, your use of the services, and/or any rights of privacy and/or publicity.
During the 60 days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. You will not initiate any legal action during this period. At a minimum, we will personally meet and confer, via telephone or videoconference as part of an informal dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. An extension of time may be mutually agreed upon by you and us.
Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration or legal action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(b) Binding Arbitration Agreement & Class Action Waiver: YOU AND GIFTMEJOY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES IS PERSONAL TO YOU AND GIFTMEJOY. YOU AND GIFTMEJOY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS AND NOT IN A COURT OF LAW. YOU AND WE HEREBY EXPRESSLY WAIVE ANY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JUDGE OR JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and judicial review of the arbitration outcome is limited. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement to arbitrate such disputes, claims or controversies shall be referred to herein as the “Arbitration Agreement”.
Notwithstanding the foregoing, the Arbitration Agreement shall not require arbitration of the following Disputes: (i) qualifying individual Disputes in small claims court, so long as such individual action remains in such small claims court and advances only on an individual (non-class, non-representative) basis; (ii) an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) injunctive or other equitable relief in a court of competent jurisdiction for any dispute related to the actual or threatened infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents).
(c) Arbitration Process, Rules, and Forum: You and GiftMeJoy agree that the terms of this Arbitration Agreement are governed by the Federal Arbitration Act in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”), including its Mass Arbitration Supplementary Rules, as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org. Unless otherwise agreed to by the parties in writing, the arbitration proceedings shall remain confidential. Unless you and GiftMeJoy otherwise agree, or the Mass Arbitration process outlined below is triggered, the arbitration will be conducted in the county where you reside. Any Arbitration Demand filed with the AAA must comply with the requirements set forth by the AAA under its AAA rules. In addition, the demand shall include a statement certifying the completion of the informal dispute resolution conference pursuant to the informal dispute resolution section above. A copy of the Arbitration Demand must be sent by email to the counsel who represented GiftMeJoy in the informal dispute resolution process, or if there was no such counsel then by email to support@giftmejoy.com and by mail to Attn: Legal at 11956 Bernardo Plaza Drive #148, San Diego, CA, 92128, United States.
If the party requesting arbitration is represented by counsel, the Arbitration Demand shall also include counsel’s name, telephone number, mailing address and email address. Counsel must also sign the Arbitration Demand. By signing the request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the Arbitration Demand is not being filed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, we will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
(d) Arbitration Fees: Your responsibility to pay any AAA filing fees, case management fees and arbitrator compensation will be solely as set forth in the AAA Rules.
(e) Mass Arbitrations: In the event 25 or more Arbitration Demands of a similar nature are filed against GiftMeJoy, where representation of all parties is consistent or coordinated across the cases, the AAA Supplementary Rules for Mass Arbitration shall apply.
All parties agree that Arbitration Demands are of a “similar nature” if they arise out of the same event or similar factual scenario, and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the applicability of the Mass Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing Process Arbitrator to determine the Mass Arbitration process’ applicability (“Process Arbitrator”). In an effort to expedite resolution of any such disputes, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. Should initial efforts at dispute resolution through the AAA-ICDR mediation as set forth in Section MA-9 of the AAA Supplementary Rules for Mass Arbitration fail and the cases proceed, you consent to and the Process Arbitrator shall order the cases to proceed according to the following batching terms:
The Process Arbitrator shall group and administer the arbitration demands into batches of no more than 26 demands per batch (plus, to the extent there are less than 26 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands. Thirteen (13) of the initial batch will be selected by the claimants and their coordinated counsel and thirteen (13) will be selected by GiftMeJoy. If there is any dispute on the selection of claimants, the Process Arbitrator will have sole discretion to select the claims. The remaining Arbitration Demands shall be stayed nor shall any arbitration provider fees be assessed in connection with those Arbitration Demands until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining Arbitration Demands after the conclusion of the initial twenty-six proceedings, the parties shall participate in a second global mediation session. Should this second mediation not result in a global settlement, the batching process will repeat until such resolution is achieved.
You agree to cooperate in good faith with GiftMeJoy to implement such a batch approach to resolution and fees, including the payment of single case management fees and arbitrator compensation for batches, as well as any steps to minimize the time and costs of arbitration. Any applicable statute of limitations on your Arbitration Demand and filing fee deadlines shall be tolled for batched coordinated disputes from the time any Arbitration Demand is selected for the first set of batching proceedings until the time your Arbitration Demand is selected to proceed in arbitration, withdrawn, or otherwise resolved.
This Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. If the terms regarding batched disputes is deemed unenforceable as to you or your batch, then it shall be severed and you agree to arbitrate in individual proceedings as ordered by the Process Arbitrator in accordance with this section.
(f) Confidentiality: We each agree to keep any informal dispute and arbitration proceedings confidential, including all information exchanged between us and any settlement offers, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective attorneys, accountants, auditors, and insurance providers.
(g) Enforceability: If any provision of these Terms of Service or this Dispute Resolution section is found to be unenforceable, illegal or invalid for any reason, such unenforceability, illegality or invalidity will not affect any other provision of these Terms of Service or this Dispute Resolution section, and these Terms of Service and this Dispute Resolution section will be construed as if such unenforceable, illegal or invalid provision had never been contained therein.
(h) Opt Out: You may opt out of this Arbitration Agreement. To opt out, you must notify GiftMeJoy in writing no later than 30 days after first becoming subject to this Arbitration Agreement including any updates to the Arbitration Agreement. Your notice must include your name and address, the title of and link to your GiftMeJoy campaign (if any), the email address you use to access your GiftMeJoy account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to support@giftmejoy.com with the subject line “Arbitration Opt-Out Notice”. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. GiftMeJoy will continue to honor the valid opt outs of users who validly opted out of the Arbitration Agreement in a prior version of the Terms of Service.
(i) Time Period for Claims: You agree that any claim or cause of action arising out of or related to use of the Services, the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or otherwise will be forever barred, which means that you and GiftMeJoy will not have a right to assert the Claim.
18.3. Disputes With Other Users: You agree that you are solely responsible for your interactions with any other User in connection with the Services and neither GiftMeJoy nor its Affiliates will have any liability or responsibility with respect thereto. GiftMeJoy and its Affiliates reserve the right, but have no obligation, to become involved in any way with disputes between you and any other User of the Services.
19.1. Policies regarding how changes to the Terms of Service will be communicated and implemented: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Where possible we will provide 30 days’ notice of substantive changes to these Terms of Service and, if appropriate, we may inform Users of such changes via email or other appropriate means. Changes may be made at short or no notice where a change is required by law. When we make a change, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you should discontinue your use of the Services.
19.2. English Version Binding: To the extent allowed by applicable law, the English language version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail.
20.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and GiftMeJoy and govern your use of the Services and the Platform, superseding any prior agreements between you and GiftMeJoy with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.
20.2. Governing Law: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GiftMeJoy agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego County, California.
20.3. Waiver: The failure of GiftMeJoy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
20.4. Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
20.5. Printed Version: A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20.6. Assignment: You may not assign these Terms of Service without the prior written consent of GiftMeJoy, but GiftMeJoy and/or its Affiliates may assign or transfer these Terms of Service, in whole or in part, without restriction. For the sake of clarity, GiftMeJoy and/or its Affiliates may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
20.7. Section Titles: The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
20.8. Notices: To the extent permitted by applicable law, notices to you may be made via email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
20.9. Force Majeure: Except to the extent provided otherwise under applicable law, GiftMeJoy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.
20.10. Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
Please visit the Help Center to learn more about GiftMeJoy’s Services and Platform or contact us to report violations or pose any question.
GiftMeJoy
11956 Bernardo Plaza Drive #148
San Diego, CA 92128
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