Last Updated: 06/29/2026
These Terms of Service are a binding legal agreement between Charitybuzz LLC (“Charitybuzz,” “we,” “us,” or “our”), a digital marketplace that connects charitable organizations, nonprofits, and mission-driven people and entities with users who wish to bid on, purchase, or participate in offerings that raise funds for charitable causes, and each person or entity who accesses or uses our Services (“you” or “User," as further defined in Section 3).
These Terms govern your access to and use of the Charitybuzz website, any Prizeo-branded legacy or campaign-specific site operated by Charitybuzz, and any related websites, applications, content, auctions, sweepstakes, campaigns, communications, and services we make available (collectively, the “Services”).
By accessing or using the Services, creating an account, clicking “I agree,” “Place Bid,” “Buy,” “Donate,” “Enter,” “Submit,” or a similar button or checkbox, placing a bid, making a purchase, entering a sweepstakes, making a donation, or otherwise interacting with the Services after these Terms are presented or linked, you affirmatively agree to be bound by these Terms, including the arbitration provisions and the class action waiver in Section 26, unless you opt out of the arbitration provisions in accordance with Section 26.
If you do not agree to these Terms, do not access or use the Services.
Charitybuzz operates digital platforms and related services designed to support charitable fundraising, fan engagement, philanthropy, and related commerce.
Depending on the offering, the Services may include:
• online auctions; • fixed-price sales;
• invitation-only or limited-access sales;
• Sweepstakes;
• experience-based offerings;
• property-based offerings;
• payment processing and campaign administration;
• fulfillment, redemption, and customer support; and/or
• email, SMS, and other promotional or transactional communications.
Some offerings may continue to appear under historical or campaign-specific branding, including Prizeo. Any such references mean Charitybuzz LLC, unless expressly stated otherwise.
Certain offerings may be subject to additional terms, lot descriptions, Official Rules, campaign disclosures, or other product-specific conditions. If there is a conflict between these Terms and offering-specific rules, the offering-specific rules will control for that offering, but only to the extent necessary to address the specific offering, comply with applicable law, or provide required consumer, charitable solicitation, or promotion disclosures. For Sweepstakes, the applicable Official Rules will control sweepstakes-specific matters, including eligibility, entry methods, odds, prize descriptions, approximate retail value, winner selection, winner notification, and promotion-specific legal disclosures. In all other respects, the disclaimer of warranties, limitation of liability, indemnification, release, arbitration, class action waiver, payment, fee, cancellation, and refund provisions of these Terms shall prevail unless the offering-specific rules expressly and specifically supersede them by reference to the applicable section of these Terms and applicable law permits such supersession.
For purposes of these Terms:
Access Private Sale means a limited-access, invitation-only, or otherwise restricted Offer.
Auction means a timed bidding event through which Users may place bids to acquire a Lot.
Buy Now Sale means a fixed-price sale made available through the Services.
Buyer’s Premium means any Charitybuzz-imposed fee calculated as a percentage of the Hammer Price, added to the winning Auction bid and presented within the cost calculator as part of the total price presentation or checkout disclosure required by applicable law and that is non-refundable only to the extent clearly and conspicuously disclosed before purchase and permitted by applicable law.
Campaign means any fundraising initiative, promotional program, sweepstakes, auction, sale, or similar offering made available through the Services.
Costs means additional amounts (other than the Buyer's Premium) payable beyond the Hammer Price or listed sale price, including, but not limited to, taxes, shipping, handling, insurance, customs, duties, processing fees, administrative fees, third-party charges, and similar disclosed charges. Such costs will be disclosed in the manner and timing required by applicable law, including any applicable all-in pricing, total-price, or drip-pricing rules. Taxes, customs, duties, shipping, insurance, and third-party charges may be estimates or may vary based on the destination, carrier, service provider, or applicable law.
Experience means an event, activity, meeting, performance, access opportunity, trip, or other experiential offering.
Hammer Price means the final winning bid amount in an Auction.
Lot means an item, package, experience, property interest, prize, or other offering made available through an Offer.
Net Proceeds means the Hammer Price or fixed sale price minus payment processing fees, shipping expenses, taxes, service fees, and other agreed or disclosed deductions other than Buyer’s Premium.
Offer means any Auction, Buy Now Sale, Access Private Sale, Sweepstakes, donation opportunity, or other offering available through the Services.
Official Rules means the campaign-specific rules governing a particular Sweepstakes.
Property means a tangible or intangible item offered through the Services.
Prize means a specific prize, experience, or item offered through a Sweepstakes.
Prizeo means a sweepstakes platform owned and operated by Charitybuzz.
Redemption Contact means the person or entity responsible for scheduling, coordinating, delivering, or facilitating fulfillment of a Lot or prize.
Sweepstakes means a chance-based promotional campaign through which eligible participants may enter for the opportunity to win a prize.
Total Purchase Price means the total amount due from a User who is the winning bidder or purchaser (a "Buyer"), including the Hammer Price or fixed sale price, plus any Buyer’s Premium and Costs.
User means any person or entity that accesses, browses, registers for, donates through, purchases through, enters, or otherwise uses the Services.
Auction and Buy Now Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and legally capable of entering into a binding contract to use the Services, create an account, place a bid, make a purchase, make a donation, or participate in any transaction through the Services. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall include both you individually and that entity.
Additional eligibility requirements may apply to specific Offers, including residency, geography, age, identity verification, background checks, health and safety requirements, or event-specific conditions. Those requirements will be described in the applicable lot description, campaign page, or Official Rules.
The Services are not available to any person whose participation is prohibited under applicable law, including persons or entities on any government-maintained restricted-party, sanctions, or denied-persons list.
Sweepstakes-Specific Eligibility
Sweepstakes are only open to individuals who are at least eighteen (18) years of age (or the age of majority in their jurisdiction of legal residence, whichever is greater) at the time of entry, unless the applicable Official Rules for a specific Sweepstakes expressly permit entry by individuals who are at least thirteen (13) years of age with the verified permission of their parent or legal guardian. Where minors are permitted to enter, entrants under the age of eighteen (18) years (or the age of majority in their jurisdiction of legal residence) must have the permission of their parent or legal guardian to enter and/or win, and will need to have a parent or legal guardian sign any required documents for winner validation and accompany such minor on any prize experience.
To access certain features of the Services, you may be required to create an account and provide accurate, complete, and current information, including your name, email address, password, and payment details.
You agree to:
• keep your account information accurate and up to date;
• maintain the confidentiality of your login credentials;
• accept responsibility for all activity under your account; and
• notify Charitybuzz promptly if you suspect unauthorized use, fraud, or a security breach.
You may not create or use a username, account identifier, or profile information that:
• impersonates another person;
• infringes third-party rights;
• is false or misleading; or
• is offensive, abusive, or otherwise inappropriate.
Charitybuzz may reject, suspend, reclaim, or terminate any account, profile, or user identifier in its sole discretion.
You may also be able to access the Services using credentials from a third-party platform. If you do so, you authorize Charitybuzz to receive and use information made available by that third party in accordance with your settings, the third party’s terms, and our Privacy Policy.
Your use of the Services is subject to the Charitybuzz Privacy Policy (available at https://www.charitybuzz.com/privacy), as updated from time to time.
By using the Services, you acknowledge Charitybuzz’s collection, use, disclosure, retention, and storage of your personal information as described in the applicable Privacy Policy and any campaign-specific disclosures, including disclosures concerning state privacy rights, targeted advertising or sharing, cookies and similar technologies, email and SMS marketing, payment processing, identity verification, prize winner publicity, charity or sponsor sharing, data retention, and any applicable “Do Not Sell or Share My Personal Information” choices.
Information submitted through the Services may be shared, as applicable, with:
• charitable beneficiaries;
• campaign sponsors;
• fulfillment providers;
• Redemption Contacts;
• payment processors;
• service providers; and
• other third parties involved in administering an Offer.
Charitybuzz may make Lots available through Auctions, Buy Now Sales, Access Private Sales, or other sales formats. Each Lot may include specific terms, restrictions, redemption windows, expiration dates, blackout dates, travel requirements, shipping conditions, and other limitations.
By participating in an Offer, you agree to comply with:
• these Terms;
• the applicable lot description;
• any campaign-specific disclosures; and
• any fulfillment instructions provided after purchase.
Charitybuzz may, in its sole discretion:
• set reserve prices;
• revise lot descriptions;
• edit or update information;
• withdraw, suspend, reschedule, or relist a Lot;
• cancel an Offer;
• refuse service; or
• decline to process a transaction.
To the maximum extent permitted by law, Charitybuzz shall not be liable for the withdrawal, modification, delay, suspension, or cancellation of any Offer or transaction.
When you place a bid in an Auction, you are making a binding offer to purchase the Lot if you are the winning bidder at the close of the Auction.
The following rules apply to Auctions:
• bids may not be retracted once placed;
• bids submitted in error remain binding unless Charitybuzz determines otherwise;
• reserve prices may apply;
• anti-sniping or extension features may apply as described on the Services or in the lot description; and
• Charitybuzz may void or reject bids where necessary to preserve the integrity of the Auction process.
Charitybuzz may investigate suspicious, manipulative, or unfair bidding behavior and may take action including:
• voiding bids;
• canceling transactions;
• suspending accounts;
• refusing service; or
• pursuing legal remedies.
Charitybuzz may conduct or administer charitable Sweepstakes through the Services. Each Sweepstakes will be governed by applicable Official Rules published in connection with that Sweepstakes, as well as these Terms. If there is a conflict between these Terms and a Sweepstakes' Official Rules, the Official Rules will control for that Sweepstakes to the extent set forth in Section 2. All Sweepstakes are void where prohibited or restricted by applicable law and are subject to all applicable federal, state, local, provincial, territorial, and other laws, rules, and regulations.
No purchase, payment, or donation is necessary to enter or win a Sweepstakes. A purchase, payment, or donation will not increase your chances of winning.
Each set of Official Rules must include material terms and legally required promotion disclosures, which may include, as applicable:
• eligibility requirements;
• start and end dates;
• entry methods, including any free alternative method of entry;
• prize descriptions and approximate retail values;
• winner selection procedures;
• odds of winning;
• notification process;
• required releases or forms;
• tax treatment;
• campaign-specific restrictions; and/or
• any bonding, registration, disclosure, recordkeeping, or other requirements applicable to the promotion.
If fraud, technical failures, legal issues, administrative concerns, or other circumstances impair the integrity or proper functioning of a Sweepstakes, Charitybuzz may suspend, modify, or terminate the promotion as permitted by law and the applicable Official Rules.
The Services may allow Users to make voluntary donations in support of charitable campaigns, donor-advised fund distributions, or other philanthropic initiatives.
The following principles apply:
• all donations are voluntary;
• donations are generally final and non-refundable, except where required by law or where Charitybuzz determines otherwise;
• no donation is required to enter a Sweepstakes; and
• any tax treatment depends on applicable law and the donor’s circumstances.
Charitybuzz does not provide tax, legal, or financial advice and makes no representations regarding the tax treatment or deductibility of any donation, contribution, payment, or purchase. You should consult your own tax advisor regarding the deductibility of any donation, contribution, payment, or purchase.
For some campaigns or transactions, collected funds or Net Proceeds may be distributed through a donor-advised fund, charitable intermediary, fiscal sponsor, commercial co-venturer, professional fundraiser, professional solicitor, fundraising counsel, or other philanthropic vehicle before being granted to the disclosed beneficiary organization. Charitybuzz maintains professional fundraiser registrations in states where it has determined such registration is required, and applicable registration information is available upon request or as disclosed on campaign pages. Campaign pages, receipts, confirmations, or related disclosures will include state-required charitable solicitation notices, commercial co-venturer disclosures, professional fundraising disclosures, donor-advised fund disclosures, beneficiary-identification disclosures, tax-deductibility statements, registration information, and other fundraising disclosures where required by applicable law.
You are responsible for reviewing and understanding all pricing, fees, taxes, and charges associated with an Offer before participating. Costs and, when applicable, Buyer’s Premium will be disclosed before you place a binding bid or complete a purchase and will be presented in the manner required by applicable law. Checkout, bid-confirmation, or purchase-confirmation screens may identify the applicable price, Buyer’s Premium, Costs, refund limitations, final-sale terms, and other material charges or conditions before you become obligated to pay, to the extent required by applicable law and reasonably available at that time.
Depending on the Offer, the Total Purchase Price may include:
• the Hammer Price or fixed sale price;
• any Buyer’s Premium;
• applicable sales, use, value-added, digital services, or similar taxes;
• shipping and handling;
• insurance;
• processing fees;
• customs and duties; and
• other disclosed Costs.
Charitybuzz may provide cost calculators, estimates, or informational fee breakdowns for user convenience. These tools are estimates only and may not reflect every charge that ultimately applies, including variable taxes, customs, duties, shipping, insurance, and third-party charges that may depend on destination, carrier, fulfillment method, or applicable law. Before you place a binding bid or complete checkout, Charitybuzz will disclose mandatory Charitybuzz-imposed fees and provide the total amount then known or reasonably calculable, subject to variable government, carrier, customs, shipping, insurance, and third-party charges that cannot be determined until later.
If you are a winning bidder, purchaser, or donor, you authorize Charitybuzz to charge your designated payment method for the Total Purchase Price, donation amount, or other applicable charge, including charges to recover amounts refunded to you in error and charges to recover proceeds of any fraud perpetrated by you in connection with the Services, in accordance with the applicable Offer terms.
If payment is declined, reversed, disputed improperly, charged back without a valid basis, or otherwise not received, Charitybuzz may:
• cancel the transaction;
• suspend or terminate your account;
• refuse future participation;
• initiate collection efforts; or
• pursue other available remedies.
After payment is successfully processed, Charitybuzz or the applicable Redemption Contact will provide instructions for fulfillment, redemption, delivery, or scheduling.
You are responsible for:
• initiating redemption within the timeframe stated in the applicable lot description or Official Rules;
• responding promptly to communications;
• making good-faith efforts to schedule any Experience; and
• complying with any instructions, limitations, or scheduling conditions.
If no redemption timeframe is stated, you must initiate redemption within thirty (30) days after Charitybuzz sends you a purchase confirmation, winner notification, or other notice of entitlement to the Lot.
For Experience-based Lots, you must maintain reasonable and timely communication with the Redemption Contact. Unless expressly stated in the lot description or Official Rules, Charitybuzz does not guarantee any specific date, time, person, talent, performer, venue, location, seating, travel arrangement, or other details of an Experience. Talent, donors, venues, sponsors, carriers, and other third parties may cancel, postpone, substitute, relocate, modify, or become unavailable due to scheduling conflicts, illness, safety, security, travel disruptions, weather, force majeure, venue restrictions, production changes, or other circumstances outside Charitybuzz’s control. Charitybuzz may, in its sole discretion, use commercially reasonable efforts to facilitate rescheduling, substitution, or another commercially reasonable resolution where appropriate and permitted by law. Failure to maintain reasonable and timely communication may affect your eligibility for assistance, rescheduling, or refund consideration.
For shipped Property, you must report any damage, shortage, or non-delivery within three (3) business days of receipt (or, for non-delivery, within three (3) business days after the estimated delivery date). If a claim involves damaged Property, you must retain and document all packaging and contents. Failure to report within this timeframe will result in forfeiture of any claim for refund, replacement, or other remedy related to the reported issue, except where applicable law prohibits such forfeiture.
For Experience-based Lots, you must report any material departure from the applicable Lot description within three (3) business days of the start of the Experience (or, for Experiences spanning multiple days, within three (3) business days of the first day of the Experience). To be eligible for consideration, your report must identify with specificity the element or elements of the Experience that materially differed from the Lot description and include any available contemporaneous documentation. Failure to report within this timeframe will result in forfeiture of any claim for refund, replacement, or other remedy related to the reported issue, except where applicable law prohibits such forfeiture.
A Lot will be considered fulfilled when:
• Property is delivered in the described condition; or
• an Experience is scheduled, rescheduled, or completed in accordance with the Offer; provided that if a scheduled Experience is subsequently canceled by Charitybuzz or does not occur due to a material default by Charitybuzz, the Lot will not be deemed fulfilled. If a scheduled Experience is canceled or does not occur solely due to actions or omissions of the Redemption Contact, Charitybuzz may, in its sole discretion, use commercially reasonable efforts to reschedule or facilitate an alternative, but the Lot will not be deemed unfulfilled as to Charitybuzz absent Charitybuzz's own material default.
Except where expressly stated otherwise, all bids, purchases, and donations are final, and all final-sale, refund, cancellation, Buyer’s Premium, fee, and chargeback terms should be reviewed before you bid, purchase, donate, or enter checkout.
Charitybuzz may consider refunds, in its sole discretion, where:
• Property was not received;
• Property arrived materially damaged;
• Property materially differed from the lot description;
• an Experience was canceled or materially delayed; or
• a purchased Lot or awarded item could not be fulfilled as described.
To be eligible for consideration, you must:
• report the issue in accordance with Section 12 above;
• cooperate in good faith with Charitybuzz’s investigation;
• provide requested information or documentation; and
• follow any applicable escalation procedures.
Any refund, if granted, will not exceed the amount actually paid by the User for the transaction at issue. Non-refundable fees, including the Buyer's Premium where applicable, will be excluded from any refund only if (a) the non-refundable nature of such fees was clearly disclosed before purchase and (b) the exclusion is permitted by applicable law.
Before initiating a chargeback or external payment dispute, you agree to first attempt to resolve the matter through Charitybuzz’s internal customer service process, except where prohibited by applicable law or payment network rules. Improper chargebacks may result in account suspension and loss of participation privileges. You agree to reimburse Charitybuzz for all chargeback fees, processing costs, reasonable administrative expenses, collection costs, reasonable attorneys' fees, and other reasonable costs incurred by Charitybuzz as a result of any improper chargeback, together with simple interest on any outstanding amounts at the lesser of 1.25% per month or the maximum rate permitted by applicable law.
By using the Services, you agree to comply with Charitybuzz's refund and fulfillment policies and to permit Charitybuzz to make an initial determination on any refund request or fulfillment dispute, subject to your right to pursue arbitration in accordance with Section 26 after completing the informal resolution process.
When Charitybuzz receives a payment dispute or chargeback in connection with your transaction, Charitybuzz will notify you at the email address associated with your account and may request information or documentation from you to assist in responding. You must provide any requested information within the timeframe specified in Charitybuzz's notice. Failure to respond within the specified timeframe may affect Charitybuzz's ability to contest the dispute on your behalf and may be considered in Charitybuzz's evaluation of any related refund request.
“User Content” means any text, images, reviews, comments, testimonials, audio, video, messages, submissions, entries, or other content you provide through the Services, but does not include payment card data, bank account information, tax forms, government identification documents, identity-verification materials, sensitive private information submitted for verification or compliance purposes, or private customer-service communications that are not intended for public or promotional use.
You remain responsible for your User Content and represent and warrant that:
• you have the rights necessary to provide it;
• it does not violate applicable law;
• it does not infringe third-party rights; and
• it is not false, misleading, abusive, unlawful, harmful, or otherwise objectionable.
By submitting User Content, you grant Charitybuzz and its successors and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use, host, store, copy, modify, distribute, display, perform, publish, adapt, translate, excerpt, promote, and create derivative works from that User Content in connection with the Services, Charitybuzz’s business operations, and related charitable, commercial, and promotional activities, including marketing and advertising, except that Charitybuzz will not use sensitive private submissions, payment data, tax forms, identification documents, identity-verification materials, or private customer-service communications for unrelated promotional purposes without consent where required by applicable law. To the maximum extent permitted by applicable law, you waive any moral rights or rights of attribution in your User Content.
Charitybuzz may, but is not required to, monitor, review, remove, disable, reject, or edit User Content.
If you are a winning bidder, purchaser, prize winner, donor, entrant, or campaign participant, you agree that Charitybuzz may use your name, city, state, prize or Lot information, campaign participation, and publicly provided User Content, worldwide, in perpetuity and across all media now known or hereafter developed, for winner-list, campaign-administration, charitable-impact, promotional, or marketing purposes in connection with the Services, the applicable Campaign, and related charity or sponsor communications, except where prohibited by law or where additional consent is required. You may request that Charitybuzz cease using your information for future promotional purposes by contacting us at customercare@charitybuzz.com, but such request shall not require removal from materials already published or distributed. Charitybuzz may also request permission to use your likeness, voice, image, testimonial, or related content for such purposes.
Where required by applicable law, Charitybuzz will obtain your prior consent before using such additional materials.
If you agree, you may be asked to sign additional releases, waivers, affidavits, or publicity consents. Sweepstakes winners may also be required to complete eligibility and tax documentation and/or submit to a background check as a condition of prize fulfillment, except where prohibited by law.
Except for User Content you lawfully provide, all content, software, design elements, text, images, videos, trademarks, logos, graphics, and other materials made available through the Services are owned by or licensed to Charitybuzz and are protected by intellectual property laws.
Subject to these Terms, Charitybuzz grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services solely for the purpose of participating in Offers and otherwise engaging with the Services as contemplated by these Terms.
You may not, without prior written permission:
• copy, reproduce, distribute, or publicly display Service content;
• create derivative works;
• scrape, harvest, or systematically extract data;
• reverse engineer or decompile any software;
• frame or mirror the Services; or
• use Charitybuzz trademarks, service marks, trade names, or branding.
You may not use the Services to, or in a manner that would:
• violate applicable law or regulation;
• submit false, deceptive, or fraudulent information;
• interfere with the integrity of an Auction, Sweepstakes, Campaign, or transaction;
• manipulate bids, entries, pricing, or outcomes;
• scrape or access the Services using unauthorized automated tools;
• bypass technical, geographic, or security restrictions;
• distribute malware, spam, or harmful code;
• harass, threaten, abuse, or impersonate others;
• infringe third-party rights;
• create accounts after suspension without permission; or
• create material legal, operational, reputational, or security risk for Charitybuzz or others.
Charitybuzz may investigate suspected misconduct and, in its sole discretion, take any action it deems appropriate.
By using the Services, you consent to receive communications from Charitybuzz electronically, including by email, in-app notice, or other digital means. You agree that all agreements, notices, disclosures, and other communications that Charitybuzz provides to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications by contacting Charitybuzz at customercare@charitybuzz.com; however, withdrawal of consent may limit your ability to use the Services.
These communications may include:
You are responsible for maintaining an accurate email address and monitoring your communications. Failure to respond to time-sensitive communications may affect your participation, redemption rights, or eligibility for support.
All commercial email communications from Charitybuzz comply with applicable law, including the CAN-SPAM Act. Marketing and promotional emails will include a clear and conspicuous opt-out mechanism. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any such message or by contacting us. Opting out of marketing emails does not affect your consent to receive transactional, account, legal, or service-related communications, which Charitybuzz may send as necessary to administer your account or fulfill your obligations under these Terms.
If you enroll in any Charitybuzz SMS or text messaging program, you agree to receive recurring text messages from or on behalf of Charitybuzz at the mobile number you provide, including messages sent using an automatic telephone dialing system, artificial voice, prerecorded voice, or similar technology where applicable and permitted by law.
These messages may include:
• account updates;
• order alerts;
• campaign notifications;
• marketing messages;
• promotional offers; and
• reminders.
Consent to receive marketing texts is not required as a condition of any purchase, donation, sweepstakes entry, or use of the Services, and your consent to marketing texts is separate from any consent to receive transactional, account, security, fulfillment, or legally required messages.
Message frequency may vary. Message and data rates may apply. You are solely responsible for charges imposed by your wireless provider.
You may opt out at any time by replying STOP to any Charitybuzz text message or by following the unsubscribe instructions in the applicable message, including texting STOP where available. After you opt out, you may receive a one-time confirmation message or other messages permitted by law. For help, you may reply HELP to any Charitybuzz text message or contact Charitybuzz at cs@charitybuzz.com. Charitybuzz will honor opt-out requests made by any reasonable method required by applicable law.
You acknowledge that wireless carriers are not liable for delayed or undelivered messages.
The Services may contain links to third-party websites, applications, payment providers, social platforms, advertisers, fulfillment partners, or other services not owned or controlled by Charitybuzz.
Charitybuzz does not control and is not responsible for:
• third-party content;
• privacy practices;
• business practices;
• availability;
• security; or
• products or services offered by third parties.
If you choose to interact with a third party, you do so at your own risk and should review that third party’s terms and privacy policy.
Charitybuzz reserves the right, but not the obligation, to monitor use of the Services and investigate potential violations of these Terms, fraud, payment misuse, intellectual property infringement, or other conduct that may create legal or operational risk. In its sole discretion, Charitybuzz may take any action it considers appropriate, including:
• issuing warnings;
• restricting or suspending access;
• canceling transactions or entries;
• withholding prizes or fulfillment;
• removing content;
• terminating accounts; or
• pursuing legal remedies.
You may stop using the Services at any time. Certain provisions of these Terms will survive termination, including provisions relating to definitions (Section 3), accrued payment obligations, payments (Section 11), refunds and chargebacks (Section 13), User Content licenses (Section 14), publicity (Section 15), intellectual property (Section 16), prohibited conduct (Section 17), disclaimers (Section 22), limitations of liability (Section 23), indemnification (Section 24), releases (Section 25), dispute resolution and governing law (Section 26), and any other provisions that by their nature are intended to survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
CHARITYBUZZ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CAMPAIGN PARTNERS, CHARITABLE BENEFICIARIES, SELLERS, DONORS, SPONSORS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY; AND
• SECURITY.
CHARITYBUZZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARITYBUZZ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CAMPAIGN PARTNERS, CHARITABLE BENEFICIARIES, SELLERS, DONORS, SPONSORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, REPUTATIONAL HARM, TRAVEL EXPENSES, LODGING EXPENSES, OR OTHER OUT-OF-POCKET COSTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE, EVEN IF CHARITYBUZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• for purchase-related claims, Charitybuzz’s aggregate liability shall not exceed the amount actually paid by you for the specific transaction giving rise to the claim;
• for donation-related claims, Charitybuzz’s aggregate liability shall not exceed the amount of the donation actually paid by you through the Services giving rise to the claim; and
• for all other claims arising out of or relating to the Services or these Terms, Charitybuzz's aggregate liability shall not exceed one hundred dollars ($100.00).
Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you, and nothing in these Terms limits any non-waivable statutory rights or remedies available to you under applicable law.
You agree to indemnify, defend, and hold harmless Charitybuzz and its affiliates, officers, directors, employees, agents, licensors, service providers, campaign partners, charitable beneficiaries, sellers, donors, sponsors, and representatives from and against any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
• your use of the Services;
• your breach of these Terms;
• your violation of applicable law;
• your User Content;
• your participation in any Offer or transaction; or
• your infringement or misappropriation of any third-party rights.
Charitybuzz may assume exclusive control of the defense of any matter subject to indemnification, at your expense, upon written notice to you, and you agree to cooperate with that defense. Charitybuzz will not agree to any settlement that imposes affirmative non-monetary obligations on you without your prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. You may not settle any claim subject to indemnification without Charitybuzz's prior written consent.
If you have a dispute with another User, seller, donor, charity, sponsor, Redemption Contact, or third party in connection with the Services, or if any claim arises out of or relates to your participation in any Offer or Campaign, you release Charitybuzz and its affiliates, officers, directors, employees, agents, licensors, service providers, campaign partners, charitable beneficiaries, sellers, donors, sponsors, and representatives from any and all claims, demands, damages, liabilities, and causes of action of every kind, whether in law or in equity, whether known or unknown, arising out of or related to that dispute or participation.
If you are a California resident, you waive California Civil Code § 1542, which provides: "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."
Where such waivers are not permitted by law, this Section will apply only to the maximum extent permitted.
These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by the laws of the State of New York, without regard to conflict-of-laws principles. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
Before initiating arbitration or litigation, you and Charitybuzz agree to attempt informal resolution by providing written notice of the dispute (including a description of the dispute, the relief sought, and the notifying party's contact information) to the other party and engaging in good-faith efforts to resolve it for at least sixty (60) days. Any applicable limitations period and filing fee deadlines will be tolled during this informal resolution period, provided the notifying party participates in good faith throughout the process. Notices to Charitybuzz must be sent to: Legal Department, Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016, or by email to legal@charitybuzz.com.
Except where prohibited by law or expressly stated otherwise in these Terms, and only to the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, any Offer, or the relationship between you and Charitybuzz shall be resolved exclusively by final and binding arbitration. Whether resolved by arbitration, litigation, or otherwise, any claim arising out of or relating to the Services, these Terms, any Offer, or the relationship between you and Charitybuzz must be filed within one (1) year after the cause of action accrues, or within any longer period that cannot lawfully be shortened; otherwise, the claim is permanently barred. Nothing in this Section limits non-waivable statutory rights or remedies, including any non-waivable right to seek public injunctive relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or data security.
The arbitration shall be:
• administered by the American Arbitration Association;
• conducted under the AAA's Consumer Arbitration Rules then in effect;
• heard on an individual basis only;
• held in New York County, New York, unless the applicable rules or law require otherwise; and
• subject to the AAA Consumer Arbitration Rules, including consumer-fee limitations and fee-shifting rules, except that Charitybuzz will pay or reimburse arbitration fees to the extent required by those Rules or applicable law.
You and Charitybuzz each waive any right to participate in a class, collective, representative, or private attorney general action to the maximum extent permitted by applicable law, and this waiver does not limit any non-waivable statutory right to seek public injunctive relief or other relief that cannot lawfully be waived. If a court or arbitrator determines that a claim for public injunctive relief cannot be arbitrated or waived, that claim may proceed in court after arbitration of all arbitrable claims is completed, unless applicable law requires otherwise.
Either party may bring an eligible claim in small claims court on an individual basis, and either party may elect small claims court for an eligible dispute before an arbitrator is appointed.
Mass Arbitration. If twenty-five (25) or more substantially similar arbitration demands are filed against Charitybuzz by or with the assistance of the same law firm, organization, or coordinated group of law firms or organizations within a ninety (90)-day period, the demands will be treated as a “Mass Arbitration.” The parties shall cooperate in good faith with the AAA to administer the Mass Arbitration efficiently and may use a staged bellwether process, including selection of a reasonable number of representative cases for initial arbitration, mediation after bellwether awards, and tolling of limitations periods for non-bellwether demands while the process is pending, to the extent consistent with the AAA Consumer Arbitration Rules and applicable law.
You may opt out of the arbitration provisions of this Section 26 by sending written notice within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address or account identifier associated with your Charitybuzz account if any, a clear statement that you opt out of arbitration, and your signature or electronic signature, and must be sent to:
Legal Department, Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016. Reference: Arbitration Opt-Out
If you opt out, neither party will be bound by the arbitration provisions for disputes between you and Charitybuzz; however, for the avoidance of doubt, the class action waiver and representative action waiver in Section 26 shall remain in full force and effect to the maximum extent permitted by applicable law. If any court of competent jurisdiction determines that the class action waiver or representative action waiver is unenforceable outside the arbitration context or as applied to a non-waivable statutory right, the unenforceable waiver shall be severed without affecting the enforceability of the remaining Terms.
Charitybuzz respects intellectual property rights and may remove or restrict access to content it believes infringes the rights of others.
If you believe that content on the Services infringes your copyright, trademark, or other intellectual property rights, you may submit notice to:
Legal Department, Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016. Email: legal@charitybuzz.com. Subject Line: Intellectual Property Notice
Your notice must include:
• your physical or electronic signature;
• identification of the work claimed to have been infringed;
• identification of the allegedly infringing material and its location;
• your contact information;
• a statement of good-faith belief that the use is unauthorized; and
• a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the rights holder.
Charitybuzz may remove content, notify the submitting user, and suspend or terminate repeat infringers.
Charitybuzz may revise these Terms from time to time.
If a revision materially affects your substantive rights, Charitybuzz will provide notice by posting updated Terms on the Services and, where you have an account, will use reasonable efforts to send notice to the email address associated with your account. Posting of updated Terms on the Services shall constitute sufficient notice for all purposes.
Unless otherwise stated, revised Terms become effective thirty (30) days after posting for material changes, or seven (7) days after posting for non-material changes. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. Material changes to Section 26 will not apply retroactively to disputes that accrued before the effective date of the change, unless you affirmatively agree to the change after receiving notice.
No employee or representative of Charitybuzz may modify these Terms except through an authorized written update issued by Charitybuzz.
These Terms, together with any applicable Official Rules, lot descriptions, campaign pages, checkout disclosures, fee disclosures, charitable fundraising disclosures, the Privacy Policy, other incorporated policies, and related disclosures, constitute the entire agreement between you and Charitybuzz concerning the Services.
Additional terms:
• if any provision is held unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be enforced to the maximum extent permitted by applicable law; provided, however, that if the class action waiver or representative action waiver in Section 26 is found unenforceable as to a particular claim, the arbitration agreement shall not apply to that claim. Nothing in these Terms limits non-waivable statutory rights, remedies, or disclosures required by applicable law;
• Charitybuzz may assign these Terms without your consent in connection with a merger, acquisition, restructuring, sale of assets, or similar transaction, or to any affiliate, and will provide reasonable notice of any such assignment. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns;
• you may not assign these Terms without Charitybuzz’s prior written consent, and any purported assignment in violation of this provision shall be null and void;
• no agency, partnership, joint venture, employment, or franchise relationship is created by these Terms; and
• Charitybuzz’s failure to enforce a provision is not a waiver of future enforcement. All rights and remedies under these Terms are cumulative and are not exclusive of any other rights or remedies available at law or in equity.
• California Residents: In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you have questions regarding these Terms or the Services, please contact: Charitybuzz LLC, 437 Fifth Avenue, 11th Floor, New York, NY 10016. Email: cs@charitybuzz.com