Terms and Conditions

By using the giveapennydesigns.com web site (“Give a Penny Designs”), you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”).

General Terms

You may not use the Give a Penny Designs service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, information, profiles that you submit on the Give a Penny Designs service.

You must not modify, adapt or hack Give a Penny Designs or modify another website so as to falsely imply that it is associated with Give a Penny Designs.

You must not, in the use of Give a Penny Designs, violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your Give a Penny Designs account. While Give a Penny prohibits such conduct and content on its site, you understand and agree that Give a Penny is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Give a Penny service at your own risk.

General Conditions

Give a Penny Designs reserves the right to modify or terminate Give a Penny service for any reason, without notice at any time.

Give a Penny Designs reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Give a Penny will notify you via email according to the preference expressed on your account. What constitutes a “material change” will be determined at Give a Penny’s sole discretion, in good faith and using common sense and reasonable judgment.

Give a Penny Designs reserves the right to refuse service to anyone for any reason at any time.

You must agree with and accept all of the terms and conditions contained in the Terms of Use, Privacy Policy, and other policy documents and community guidelines as posted on Give a Penny Designs before you may become a member. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

Give a Penny may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Give a Penny. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on July 22, 2009 for all users.

Copyrights

Usage Rights: Copyright of jewelry(s) sold by Give a Penny remains with the designer at all times. Buyers may not reproduce purchased jewelry without express permission from the original designer.

Privacy

Give a Penny Designs does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Give a Penny only uses your information as described in the Privacy Policy. Give a Penny’s views protection of users’ privacy as a very important community principle. Give a Penny understands clearly that you and Your Information is one of Give a Penny’s most important assets. Give a Penny stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Give a Penny’s services.

Liability Limit

IN NO EVENT SHALL Give a Penny Designs, AND (AS APPLICABLE) Give a Penny SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Give a Penny SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Give a Penny Designs LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Give a Penny SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Give a Penny IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Give a Penny Designs AND (AS APPLICABLE) Give a Penny PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Give a Penny Designs are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Give a Penny Designs Attn: Legal Department; 3535 Overlook Avenue, Macon, Georgia 31204(in the case of Give a Penny) or to the email address you provide to Give a Penny during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Give a Penny may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Give a Penny during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes

Give a Penny Designs’s goal is to make you happy. In the event a dispute arises between you and Give a Penny, please email Give a Penny and we will work quickly towards a solution.


Disclosures

The services hereunder are offered by Give a Penny Designs, LLC, located at 3535 Overlook Avenue, Macon, Georgia 31204. If you are a Georgia resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at Safety Surf or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com’s Internet site, services, or policies. Give a Penny Designs is not affiliated with SafetySurf.com.