1. OPERATION OF SITE.
Once you register as a User on the Site, the Site offers several ways for a Charity In China User to acquire properties or experiences. The first way is by bidding through an online auction on the Site for Property and/or an Experience (the “Auction”) that is offered by a charitable organization or third party donor (collectively, the “Seller”) through Charity In China. The second way is by submitting a request to Charity In China under the Charity In China Custom Experiences Program for a specific Property and/or an Experience. An “Experience” may include, but is not limited to, a celebrity meet and greet, dinner with a celebrity or other such experience. “Property” is tangible property, including without limitation artwork, apparel, food, wine, sports and music memorabilia. The term “Lot” refers to either an Experience or a Property.
Charity In China does not solicit contributions on behalf of any Seller. Eligible Charity In China Users are free to bid on an Auction or make a request under the Custom Experiences Program.
Registration on the Site requires creation of a user account (the “Charity In China User Account”) whereby you will provide your real name, phone number, email address, credit card details, and other requested information. The Site is available only to those who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Charity In China, whose user account requests are accepted by Charity In China, and who have authorized Charity In China to process any and all charges on their credit card for any Lot. As part of the registration process, Charity In China will validate your credit card. Charity In China reserves the right to review, change, or block the “User Name” of any person registering to participate in any auction on this Site, at any time and for any reason. Your password may be used to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password and immediately notify Charity In China of any unauthorized use or other security breach. Charity In China will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement.
The Site provides a platform for Sellers to offer a Lot through an online Auction to Charity In China Users and for the Charity In China User with the highest bid at the close of the Auction to purchase the Lot. Charity In China is responsible for the operation of the Site only and serves only as a broker for the Charity In China User and the Seller.
By bidding on any Lot, you agree to purchase the Property and/or an Experience at the price you have bid. You agree that should you bid on a Lot and that bid is the winning bid, that you are bound to pay Charity In China the winning bid amount for the Lot. You further agree that all bids place under User’s Charity In China User Account are considered to be placed by the User or with the User’s authorization.
When the Auction goes live Charity In China Users are free to place bids under their Charity In China User Account on the Lot until the Auction closes. As bids are placed, Charity In China reserves the right to authorize your credit card for any bid amount placed. Each time you are outbid Charity In China will send you an email notification advising you of such. If an authorization was made on a bid and you are subsequently outbid, Charity In China will release that authorization. If a bid is placed during the final ten (10) minutes before an Auction is scheduled to close, the closing time will be extended by an additional ten (10) minutes from when the last bid was placed. As long as Charity In China Users keep bidding, the close time of the Auction will keep being extended.
At the close of the Auction, Charity In China will review all bids for the Lot and if you are the highest bidder Charity In China will inform you by email (the “Winning Bidder”). The highest bid will be considered the “Hammer Price.”
After the close of the Auction the Winning Bidder’s credit card will be charged the Hammer Price, plus sales tax, use tax, DST, VAT and any other applicable, plus shipping costs, insurance costs while in transit, and any applicable customs and/or duties (“Total Purchase Price”). All transactions on Charity In China are displayed and charged in U.S. dollars (USD), unless specifically stated otherwise.
Winning Bidder understands and agrees that upon the close of an Auction, Charity In China shall collect the Total Purchase Price directly from the Winning Bidder. Charity In China shall retain all costs associated with performance of the services and then shall remit an agreed upon percentage of the remaining proceeds to the Seller (if it is a non-profit entity) or to a non-profit organization designated by the Seller (“Charitable Recipient”) after collecting all of the funds from Winning Bidder. Such costs shall include, without limitation a payment processing fee, any taxes, tariffs or other charges associated with the Lot or the provision of services, and any shipping, consignment or other costs associated with delivering the Lot and the services. Charity In China shall retain an agreed upon percentage of the proceeds as consideration for its performance of services related to the Site.
Some of the Lots offered on this Site via an Auction may be subject to a minimum price at which the Lot will be sold (the “Reserve Price”). Charity In China is not obligated to sell the Lot unless the Reserve Price is met. An Auction may be withdrawn if there is no bid equal to or above the Reserve Price.
Some Lot may be subject to a live auction (a “Live Bid”). If the Lot will be part of a Live Bid after the bidding closes on the Site the Lot will continue to be auctioned off at an event sponsored by the Seller. The day of the event, Charity In China will close the on-line bidding and bid on behalf of its top bidder during the live auction. If you are the top bidder on a Live Bid item, you grant permission to Charity In China to bid on the Lot on your behalf, up to the maximum bid placed you placed on the Site, during the live event. If you are the top bidder during the live event, you understand and agree that upon the close of a live auction, Charity In China shall collect the Total Purchase Price directly from you.
Owners of Property and/or an Experience being sold on the Site are not permitted to bid on or offer to buy their own Property and/or an Experience, nor to instruct, authorize or permit any other person to bid for or purchase such Property and/or an Experience on their behalf or to otherwise take any action that may manipulate the sale process in any way, unless you agree to purchase the Property and/or Experience at the price you bid.
2. PURCHASE OF PROPERTY AND/OR AN EXPERIENCE.
You understand that each Lot may have specific rules related to appearance times, time constraints, event dates or locations, or other peculiarities related to the Lot. If you do not adhere to these rules the Lot may not be able to be fulfilled and if that happens you forfeit the Lot as well as all monies you have paid for the Lot.
You understand that Experiences may be subject to personal background checks, criminal background checks, including the U.S. government’s terrorist watch list and a security screening (collectively “Clearance”) prior to attendance at the Experience. Anyone attending the Experience agrees to submit to all Clearance prior to or at the Experience, and you further agree to sign yourself and arrange for your attendees (if applicable) to execute all required authorizations and approvals for said Clearance to be conducted. If the people who are supposed to attend the Experience do not meet the standards of the Clearance they will not be allowed to attend the Experience. Based on this, the Experience will be cancelled and you will forfeit your Total Purchase Price for such Experience.
Each Lot description will include a list of specific rules and restrictions that you will be bound by in bidding on such Lot. Charity In China is not responsible for any cancellation, delay, diversions, or omission of any third party with respect to the Experience. Lost or stolen tickets, travel vouchers or certificates for the Experience once they are in your possession will not be replaced.
In the event there is damage to Property shipped to you, you must notify Charity In China within 48 hours of receipt of delivery and retain all packing materials and all contents of the package(s) including the Property in order to make a claim. If you dispose of any Property and/or any related documents Charity In China may not be able to repair, replace or provide you with a refund.
Charity In China reserves the right to delay sending the Property and/or documents related to an Experience to you, pending an investigation, if Charity In China, in its sole discretion, believes you may have violated this Agreement. Notwithstanding any other provision of this Agreement, if Charity In China determines, in its sole discretion, that there has been a violation, Charity In China may refuse to return to you any payments or charges made in connection with the purchase of a Lot.
Refunds for a Lot will be issued at the sole discretion of Charity In China. Winning Bidder or Buyer acknowledges that all refunds must be requested and obtained through Charity In China and not the Seller or Charitable Recipient.
Winning Bidder is responsible for scheduling the Experiences they have won and must make every reasonable attempt to complete the offered Experience prior to the expiration indicated on the auction lot. Winning Bidders who have not completed their Experience within the allotted time period are not eligible for refund of their Total Purchase Price and additionally agree that they have forfeited the Experience.
Occasionally a winning bidder may face scheduling challenges for a given Experience for a variety of factors beyond their reasonable control. Refunds for such an unfulfilled Experience will not be issued prior to the event or expiration date of the Experience, as indicated in the additional terms of the lot. It is the Winning Bidder’s responsibility to document their attempts to schedule the Experience during the allotted time period until expiration of the auction lot, and, if necessary, are expected to consult Charity In China Customer Service for additional assistance with scheduling. Failure to do so will result in forfeiture of the Experience and will not be eligible for refund.
In the event of such forfeitures, winning bidders are encouraged to consult their tax advisor for changes in tax deductibility of the specified auction lot.
LIMITATIONS OF GUARANTEES.
Charity In China is only a venue for bidding on Lots or for fulfilling a Custom Experiences Request. Information pertaining to the descriptions, conditions, title, authenticity, Seller’s ability to sell an item, and all other matters related to the Lot is provided by the Seller. Therefore, Charity In China cannot guarantee that the information provided for the Lot is correct.
Property offered on the Site is sold in the condition in which it was in at the time it was offered by the Seller. If any Property is guaranteed or has an authenticity claim by Seller, it will be noted on the Site under the sections captioned “Description,” “Fine Print,” or “Lot Details”, otherwise all Property on the Site is sold “AS IS.” Charity In China makes no representations or warranties as to whether you acquire any reproduction or other intellectual property rights in the Property. Certain items sold will be adjusted with signatures or other personalization features as specified in the item description.
Information provided about an Experience is supplied by Seller or a party other than Charity In China or may be collected from other sources and included on the Site under the sections captioned “Description,” “Fine Print,” or “Lot Details.” This information is often provided only to inform bidders as to the background and interests of well-known celebrities who are participating in the Experience and is not part of any guarantee.
REFUSAL OF TRANSACTION.
Charity In China reserves the right, for any reason, to withdraw any Lot before the end of an Auction, halt any sale during its progress including a Custom Experiences Request, and/or remove, screen or edit any materials or content on the Site. Charity In China may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither Charity In China nor any of its affiliates will be liable to you, or a third party for any reason by Charity In China’s withdrawal of any Lot prior to the end of the sale period. In the event of failure by you to complete a sale for any reason, including Charity In China’s decision to refuse to process the transaction, Charity In China shall have the right to sell the Property and/or an Experience to another Charity In China User. In the event of identical bids in an Auction, the earliest bid will be the Winning Bidder. In all cases, Charity In China’s determination of a Winning Bidder or Buyer will be final.
A. EMAIL CORRESPONDENCE.
Charity In China works diligently in order to be a “Green” company and wants to communicate as much as possible with Site users via email as a matter of conservation. As such, any and all communications with you, including but not necessarily limited to, redemption letters, confirmation of winning bids, confirmation of the procurement of Lots, receipts, and other correspondence shall be delivered via email to the email address on the Charity In China User account. By using the Site, you agree to receive any and all correspondence from Charity In China via email. You further agree to review your email for communications from Charity In China requiring your attention, response, or otherwise. Failure to respond to requests made via email communication in a timely manner may result in a forfeited Lot and no refund will be issued.
B. PUBLICITY GRANT.
If you are the Winning Bidder or Buyer, you reserve the right to grant permission for Charity In China, the Seller of Charitable Recipient, and their designees to use their name, address (city and state), photograph, voice and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law. If permission is granted, you will sign all waivers and releases requested by Charity In China.
Charity In China has the right, but not the obligation, to monitor any activity and content associated with the Site. However, Charity In China is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. Charity In China may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). Charity In China may also investigate, in its sole discretion, the use of any credit card by a Charity In China User to buy Lots, and take such action as Charity In China deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Charity In China User account. Charity In China will fully cooperate with any law enforcement authorities or court order requesting or directing Charity In China to disclose the identity of anyone posting any such information or materials. Charity In China may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Charity In China, each Charity In China User, Sellers or the public.
D. NO ENDORSEMENT OF LINKS TO OTHER WEB SITES.
Charity In China may provide links to other websites that may be of interest to you and are provided as merely a convenience. Charity In China does not control, nor has it reviewed these other websites, has no responsibility for the content, accuracy or reliability of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Charity In China, we do not operate, control or endorse any information, products or services on the Internet in any way. Charity In China does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
E. COMPLIANCE WITH LAWS.
As a condition of your use of the Site you agree that you will use it for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and any transactions conducted on or through the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Use the Site for any illegal or unauthorized purpose;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose;
- Create user accounts by automated means or under false or fraudulent pretenses; or
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree that Charity In China shall decide, in its discretion, if your conduct violates any aspect of these terms and that Charity In China may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or your ability to participate in any Auction or Custom Experiences Program.
F. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to conflicts of law principles of such state. In the event any dispute or claims arise out of this Agreement, which cannot be settled by you and Charity In China, such disputes or claims shall be resolved by a federal or state court in the state of New York, and you expressly consent to jurisdiction in such courts. BY ACCESSING OR USING THE SITE, YOU SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, THE STATE OF NEW YORK WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED WITH Charity In China AND THIS AGREEMENT, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS. You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the State of New York. English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in languages other than English.
G. INFRINGEMENT CLAIMS AND NOTIFICATION PROCEDURE.
If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such information should be sent to hostmaster@Charityinchina.cn. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counter-notice containing the following information to hostmaster@Charityinchina.cn:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Charity In China, Charity In China may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Charity In China’s sole discretion.
H. DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, SITE AVAILABILITY AND ACCURACY, IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Charity In China TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Charity In China DISCLAIMS ANY AND ALL SUCH WARRANTIES.
I. WAIVER OF CLAIMS.
Because Charity In China is not responsible for the guarantees provided by a Seller or the descriptions of the Property and/or and Experience provided by a Seller, if a dispute arises between one or more participants regarding a Property and/or an Experience or its description, you release Charity In China and its affiliates (and each of their directors, officers, agents and employees) from any claims, demands and damages (whether direct, indirect, incidental, punitive or 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.
J. LIMITATION OF LIABILITY.
K. NOTICE OF INTELLECTUAL PROPERTY RIGHTS.
The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Charity In China or its content suppliers and protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.
You may terminate this Agreement at any time by discontinuing your use of the Site. You do not need to inform Charity In China when you stop using the Site. Charity In China may, at any time and for any reason, limit your use of this Site at its sole discretion. Charity In China, in its sole discretion, may terminate your right to participate in an Auction or the Custom Experiences Program or to terminate your access to the Site without notice for any reason.
To be effective, notices to Charity In China relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to Charity In China by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following addresses: Charity In China, Room 1808, Chang Qiao Road No.987 Shanghai, China 200230. Charity In China may change its address for notices by posting the new address on the Site.
N. SEVERABILITY; NON-WAIVER.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, you and Charity In China nevertheless agree that the court should endeavor to give effect to your and Charity In China’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.
If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated.
P. ENTIRE AGREEMENT.
Except as specifically provided herein, this document constitutes the entire agreement between you and Charity In China relating to the subject matter described herein. The provisions of this Agreement may be amended, revised or modified by Charity In China at any time. These terms do not modify, revise, or amend the terms of any other agreements you may have with Charity In China.