Tibetan Charities, Inc. Terms of Use

These Terms of Use (“Terms”) are a legal contract between youand Tibetan Charities, Inc. (“us” or “our” or “we” or “Tibetan Center”) and govern your use our website at http://tibetancenter.org (the “Website”), the services we offer through the Website (“Services”), and all of all the text, data, information, software, graphics, videos, photographs and other materials (all of which are referred to as “Materials”) that we may make available to you through the Website.

READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.  USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE OUR WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

CHANGES.

We may alter the Website and Services we offer you and/or choose to modify, suspend or discontinue our the Website and/or Servicesat any time and without notifying you.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by making them accessible via the Website.

If you object to any such modifications, your sole recourse shall be to cease using the Website.  Continued use of the Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms that apply to specific functionality of the Website and/or Services.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

We invite you to use the Website for individual, consumer purposes (“Permitted Purposes”).  If you are not yet 18 years old, you must have the permission of an adult to use the Website and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Website.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms.  You have no other rights in the Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of our Website or Materials in any manner.  If you make copies of any Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Website. 

Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately cease all use of the Website and Materials.

ORDERS AND PAYMENTS.

You may be permitted to use the Website to make donations to the Tibetan Center and to order and pay for the products sold on the Website (“Products”). To do so, you may be asked to supply certain information relevant to your transaction, including, without limitation: your email address, your PayPal account, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we will or our third party payment processor will authorize the payment and send you a confirmation email. You agree to pay any fees applicable to your use of the Website and Services, including but not limited to fees and charges applicable to your purchases and donations. We may suspend or terminate your access to the Website if your offered payment method (e.g., credit card or PayPal account)cannot be processed.  By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the Products you purchase.

You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

All descriptions, images, features, specifications and prices of our Products are subject to change at any time without notice. The inclusion of any Product on the Website does not imply or warrant that such Product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.

Products will be shipped in accordance with the shipping method you select when placing the order.  You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against the Tibetan Center for delays or early deliveries.  We reserve the right to make deliveries in installments. 

You should inspect your package to ensure the contents arrive closed and clean. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.

Tibetan Center is not responsible for:

• Items delivered to incorrect addresses supplied by you or the recipient of the product.
• Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.
• Decreased product quality due to an incorrect delivery address supplied by the you or the recipient, or a re-route requested by the you or the recipient.

ELECTRONIC COMMUNICATIONS.

By using the Website, you consent to receiving electronic communications from us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website, Products and/or Services.  These electronic communications are part of your relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information.  So, please review ourPrivacy Policy (“Privacy Policy”) which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and we sometimes provide links from our Website to third-party websites, services and content (collectively “Third-Party Sites”).  If you use these links, you will leave theWebsite. We provide these links to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third-party sites. Therefore, unless specifically stated, we do not endorse or make any representations about Third-Party Sites or any information, material or results that may be obtained from using them. If you decide to access any of Third-Party Sites linked to from the Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT TIBETAN CENTER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

UNAUTHORIZED ACTIVITIES.

To be clear, we authorize your use of the Website only for Permitted Purposes.  Any use of the Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use.  This is because as between you and Tibetan Center, all rights in the Website, Services and Materials remain our property.

Unauthorized use of an Website, Servicesor Materials may result in violation of various United States and international copyright laws.  Because of this, we want to give you examples of things to avoid.  So, unless you have written permission from us stating otherwise, you are not authorized to use our Website or Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes the Website or any Materials;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt others’ use of the Website or servers or networks involved with the delivery of the Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or
• Attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks used to provide the Services, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Website and Servicesare our sole property.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Materials that violate intellectual property rights of others, suspending or terminating access to this Website (or any portion thereof) to any user who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by the Materials or a Website user, please provide written notice to our agent for notice of claims of infringement:

Attn: ____ DMCA Agent 

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.

DISCLAIMER OF WARRANTIES.

OUR WEBSITE, SERVICES, MATERIALS AND PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS, WEBSITE AND SERVICES IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PRODUCTS, WEBSITE, SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PRODUCTS, WEBSITE, SERVICES OR MATERIALSARE FREE OF PROBLEMS.  Without limiting the generality of the foregoing, we make no warranty that the Products or Website will meet your requirements, that your use of the Website will be uninterrupted, timely, secure, or error free, or that defects in the Products, Website, Services or Materials will be corrected. We make no warranty as to the results that may be obtained from the use of the Website,that user information or orders transmitted in connection with your use of the Website (including as part of payment) will be successfully, accurately, or securely transmitted or received, that orders will be as placed or ready at the suggested time, or that any particular item ordered will be available.No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR PRODUCTS, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE AWEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

LOCAL LAWS; EXPORT CONTROL.

We provide the Website and control and operate the Services from our headquarters in the United States of America and the entirety of the Website and/or Materials may not be appropriate or available for use in other locations.  If you use the Website outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  To the extent the foregoing assignment of rights, title and interest in and your Feedback is prohibited by applicable law, you hereby grant to Tibetan Center and itsvendors, service providers, licensors, licensees, successors and assigns, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the marketing, advertising and promotion of the Tibetan Center and its products and services; and (b) authorize any such use by othersof your Feedback,or any portion thereof, in the same manner. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

GENERAL.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you.  We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to and use of the Website without prior notice to you.  New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Any disputes relating to these Terms, the Website or theProducts will be heard in the courts located in the State of New York.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, we are not waiving our rights.  These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and Tibetan Center about the Website or Products.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website and Services are provided by Tibetan Charities, Inc., 875 Route 28, Kingston, NY 12401.  If you have a question or complaint regarding the Website, Products or Services, please contact us at info@tibetancenter.org.  You may also contact us by writing Tibetan Charities, Inc., 875 Route 28, Kingston, NY 12401. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@tibetancenter.org.