ASPIE provides website features and other products and services to you when you visit or donate to aspieartists.com and/or use ASPIE products or services. By using ASPIE, you agree to the following conditions:
- When you make donations, request gifts, send email, text messages or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically, such as email, texts, mobile push notices or notices and messages on this site or through our support service providers, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
- All content included in or made available through ASPIE, such as text, graphics, logos, button icons, images, video, audio clips, digital downloads, data compilations, and software is the property of ASPIE or its clients and is protected by United States and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts and service names included in or made available through ASPIE are trademarks or trade dress of ASPIE in the U.S. and other countries. ASPIE’s trademarks and trade dress may not be used in connection with any product or service that is not ASPIE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ASPIE. All other trademarks not owned by ASPIE that appear in any ASPIE service or product are the property of their respective owners, our clients.
- You may not resell or make commercial use of any ASPIE product; any collection and use of any product listings, descriptions or suggested donation amounts; any derivative use of ASPIE or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by ASPIE and its clients or other content providers. No ASPIE content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ASPIE. You may not electronically frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of ASPIE without express written consent. You may not use any meta tags or any other “hidden text” utilizing ASPIE’s name or trademarks without the express written consent of ASPIE. You may use ASPIE only as permitted by law.
- You are responsible for maintaining the confidentiality of your ASPIE account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. ASPIE does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ASPIE only with involvement of a parent or guardian. ASPIE reserves the right to refuse service, terminate accounts, terminate your rights to use ASPIE, remove or edit content, or cancel orders in its sole discretion.
- You may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content. ASPIE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- All gifts requested from ASPIE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. ASPIE does not take title to returned items until the item arrives at facility. Refunds of donations are issued at our discretion. A refund may be issued without requiring a return of the gift requested. In this situation, ASPIE does not take title to the unreturned gift.
- ASPIE attempts to be as accurate as possible. However, ASPIE does not warrant that gift descriptions or other content is accurate, complete, reliable, current, or error-free. If a gift offered by ASPIE is not as described, your sole remedy is to return it in unused condition.
- With respect to gifts listed on ASPIE, we cannot confirm the minimum donation of an item until you select it. Despite our best efforts, a small number of the items on our web site may be mistakenly marked. If the correct donation amount of an item is higher than our stated amount, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- ASPIE makes no representations or warranties of any kind as to the information, content, materials, products or services made available to your through ASPIE, unless otherwise specified in writing. You expressly agree that your use of ASPIE is at your own risk. To the full extent permissible by law, ASPIE will not be liable for any damages of any kind arising from the use of any ASPIE gift or service, or from any information, content, materials, products or services made available to you through ASPIE, including, but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.
- Any dispute or claim relating in any way to your use of ASPIE will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. By using ASPIE, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ASPIE.