- Either you or Angelwish may initiate the mediation process with thirty (30) days' prior written notice to the other.
- The dispute shall be submitted to mediation in North Bergen, NJ, U.S.A.
- Costs of mediation shall be borne equally by both you and Angelwish.
- Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Angelwish agree to extend the time by mutual agreement or unless the mediator declares you and Angelwish to be at an impasse.
- Notwithstanding the above, in the event that Angelwish believes that immediate injunctive relief is required to protect its rights, Angelwish may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
3. Your contributions. If you submit any information, material or contribution to the Site including, without limitation, any text, graphics, photo, video or audio (in each case a "Contribution"), you shall be solely responsible for your Contribution and the consequences of uploading it in each case. We do not want to receive confidential or proprietary information from you through the Site, and any Contribution sent to us via the Site shall be considered non-confidential and non-proprietary. By submitting any Contribution to the Site, you represent, warrant and undertake that such Contribution:
- (i) is your own original work and that you have the right to make it available to us for all the purposes specified above.
- (ii) is not defamatory
5. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and, in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
6. Rules of Conduct. While accessing or using the Site, the Service, and the Site Content, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:
- impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity.
- reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Site, the Service or the Site Content, in whole or in part, for commercial purposes without our prior written consent.
- contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Site without our prior written permission.
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site.
- engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site.
- use the Site or the Service in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site or the Service, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else's attempt to do any of the foregoing) with the Site, the Service, or any software on the Site.
- upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- use the Site, the Service, or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind
- use the Site, the Service, or any Site Content, in whole or in part, in violation of any applicable law.
8. Electronic Communications. You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.
9. Proprietary Rights. As between you and us, and except for your Contributions (as defined in Section 3 above), we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site or the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Site or the Service.
12. Copyright Claims. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us:
(a) your address, telephone number, and email address.
(b) a description of the copyrighted work that you claim has been infringed.
(c) a description of where the alleged infringing material is located.
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
It is our policy to terminate the accounts of users who repeatedly infringe third-party copyrights.
14. Item Descriptions, Availability, and Variances. Descriptions or images of, or references to, items on the Site, including the items identified as gifts for children, do not express or imply our endorsement of such items. In addition, while we strive to accurately price, describe and display items on the Site, there may be mistakes. We cannot and do not guarantee the accuracy or completeness of the information on the Site, and we reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
A note about wish selection and identification: We learned long ago that asking children to describe their wildest wishes to us can be a recipe for disappointment (both for us and for them). Rather than ask children to identify their wishes, we rely upon our partners, including social workers around the country who work with these families daily, to identify gifts that are perfect and appropriate for children of a specific age that are impacted by chronic illnesses. As we're sure you can appreciate, for privacy reasons we don't disclose on the Site the actual names of the children whose wishes are being granted, nor do the children necessarily know what wish has been identified to them. For many of these children, the simple fact of receiving something is powerful enough.
Although we will make every effort to match your donation to the specific wish you choose to grant, you acknowledge and agree that all donations are made as unrestricted gifts. Specifically, we reserve the right to make substitutions, combine your donation with others, or otherwise reallocate your donation to ensure the efficiency and effectiveness of our charitable giving programs.
15. Donations, Payment Processing, and Refunds. You may only donate to Angelwish if, and you hereby represent and warrant that, you are at least 18 years old or the age of majority in your jurisdiction. By donating money through the site, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected.
Each donor agrees and acknowledges that:
(i) all donations are subject to the variance policy set forth in Section14.
(ii) designated donation amounts and all applicable taxes, shipping costs, and processing fees (if any) will be charged to the credit or debit card or other payment method you provide to one of our partners Amazon Payments, PayPal, and Dwolla.
(iii) all donations are final and non-refundable.
(iv) if payment is not received by Angelwish from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Angelwish.
16. Charities Registration. Angelwish is a registered 501(c)(3) charitable organization in the United States and is Registered Charity No. 1141090 in the United Kingdom. Donating parties may be eligible for tax advantages. You should consult your tax advisor as to the amount of your donation that is tax deductible.17. Linking to the Site.
You agree that, without our prior express permission: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by, or on behalf of, us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by them. We may, in our sole discretion, insist that any link to the Site be discontinued, and we may revoke your right to link to the Site from any other web site at any time upon written notice to you.