title = "Terms of Service"
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<h2>Terms of Service</h2>

<p><i>Last Updated: April 9, 2013</i></p>

<p>PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE
GITTIP SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS
AND GUIDELINES INCORPORATED BY REFERENCE AND/OR LOCATED ON THE LEGAL AGREEMENTS
PAGE (<a href="/about/terms/">https://www.gittip.com/about/terms/</a>). IF YOU
DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE GITTIP
SERVICES.</p>

<p>These Terms of Service ("Terms") apply solely to your use of any product,
service or other feature, technology and/or functionality offered by Gittip,
LLC ("Gittip"), whether through the Gittip website or any third party website
or application ("Gittip Services"). These Terms do not alter the terms or
conditions of any other agreement you may have with Gittip, or its subsidiaries
or affiliates, for products, services or otherwise. If you are using the Gittip
Services on behalf of any entity, you represent and warrant that you are
authorized to accept these Terms on such entity's behalf and that such entity
will be responsible to Gittip if you violate these Terms.</p>

<p>Gittip reserves the right to change or modify the terms and conditions
contained in these Terms or any other Gittip terms, policies or guidelines, at
any time and in its sole discretion. Any changes or modifications will be
effective immediately upon posting of the revisions to the Gittip website, and
you waive any right you may have to receive specific notice of such changes or
modifications. Your continued use of the Gittip Services following the posting
of changes or modifications will confirm your acceptance of such changes or
modifications; therefore, you should frequently review these Terms and all
applicable terms, policies and guidelines to understand the terms and
conditions that apply to your use. If you do not agree to the amended terms,
you must stop using the Gittip Services. Any use of the Gittip Services in
violation of these Terms may result in, among other things, termination or
suspension of your right to use the Gittip Services.</p>

<p>If you have any questions or comments regarding the use of the Gittip
Services, please contact chad@zetaweb.com.</p> <ol>


<li> <p>Our Relationship to You</p>

<p>Gittip helps you make monetary gifts to, and receive monetary gifts from,
third parties. Money that you give or receive through the Gittip Services is a
gift, and does not in any way oblige the other party to you.</p> 

</li> 


<li> <p>Third Party Service Providers</p>

<p>Gittip uses Pound Payments Inc., DBA Balanced ("Balanced") as a third party
service provider for payment services (e.g. card acceptance, merchant
settlement, and related services). By making use of some or all of these
payment services on Gittip you agree to be bound by Balanced's <a
    href="https://www.balancedpayments.com/terms">terms and conditions</a> and
<a href="https://www.balancedpayments.com/privacy">privacy policy</a>, and
hereby consent and authorize us to delegate the authorizations and share the
information you provide to us with Balanced to the extent required to provide
the payment services to you. Balanced may also be contacted directly for
payments support either by email at support@balancedpayments.com or by phone at
+1 (888) 744-2622.</p>

</li> 


<li> <p>Privacy Policy</p>

<p>Please refer to <a href="/about/privacy/">Gittip's Privacy Policy</a> for
information about how Gittip collects, uses and discloses personally
identifiable information from its users.</p> 

</li> 


<li> <p>Eligibility, Registration and Account</p>

<p>To be eligible to use Gittip, you must be at least 18 years of age.  Gittip
may impose additional restrictions on the use of the Gittip Services. You
represent and warrant that you have not previously been suspended or removed
from the Gittip Services and that you have full power and authority to enter
into these Terms.</p>

<p>In order to initiate and/or receive gifts through the Gittip Services, you
must create an account. When creating any account, whether to initiate or
receive gifts, you agree to (a) provide accurate, truthful, current and
complete information when creating your account; (b) maintain and promptly
update your account information; (c) maintain the security of your account by
not sharing your password with others and restricting access to your account on
your computer or mobile device; (d) promptly notify Gittip if you discover or
otherwise suspect any security breaches related to the Gittip Service and
(e)&#160;take responsibility for all activities that occur under your account
and accept all risks of unauthorized access.</p> 

</li> 


<li> <p>Authorization to Charge or Credit Accounts</p>

<p>Each time you initiate or accept a gift transaction through the Gittip
Services, you authorize Gittip to charge or credit the accounts involved, to
correct any errors in the transaction and to resubmit any transaction that is
rejected by the applicable financial institution. Your authorization will
remain in full force and effect until you terminate such authorization in
writing.</p> 

</li> 


<li> <p>Sending Gifts</p>

<p><i>Transaction Limits.</i> Gittip may, in its discretion, impose limits on
the transactions you can send through the Gittip Services.</p>

<p><i>Payment Methods Accepted.</i> Gittip allows users to send gifts using
selected payment methods identified on the transaction screens within the
Gittip Services. Gittip reserves the right to change accepted methods of
payment at any time and in its sole discretion. You may be required to verify
that you control the accounts that you register prior to using the cards for
transactions. If you use a credit card, you agree to comply with all applicable
card association and network rules.</p>

<p><i>Accuracy of Information.</i> You are responsible for confirming the
accuracy of the information you provide about each gift you send, including the
identity of the recipient and the amount of the transaction. Once a gift
transaction is initiated, you may not change, withdraw or cancel your
authorization for Gittip to complete the transaction.</p>

<p><i>Refused and Refunded Transactions.</i> When sending a gift, the recipient
is not required to accept it. You agree that you will not hold Gittip liable
for any damages resulting from a recipient's decision not to accept a gift made
through Gittip. Gittip will return any unclaimed, refunded or denied gift
within thirty (30) business days of the date you initiate the gift.  If a gift
is unclaimed, denied or refunded for any reason, Gittip will return the money
to your original payment method, if possible. If for any reason Gittip is
unable to return unclaimed, refunded or denied gifts, Gittip may deliver such
funds to your state of residency as unclaimed property. Gittip will determine
your state of residency based on the address you provide when you register for
an account.</p>

<p><i>Information about your Account and Transactions.</i> You can obtain
information about the gift transactions you made for the last thirty (30) days
on the Gittip website.</p> 

</li> 


<li> <p>Receiving Gifts</p>

<p><i>Bank Transfers.</i> In order to receive gifts through the Gittip
Services, you must be a registered Gittip user and provide account information
for a valid checking, savings or other ACH-enabled bank account.  Funds
transfers to bank accounts usually occur between one to three (1-3) business
days for all transactions.</p>

<p><i>Reversals, Chargebacks and Claims.</i> When you receive a gift, you are
liable to Gittip for the full amount of the gift, plus any fees, if the payment
is later invalidated for any reason. This means that you will be responsible
for reimbursing Gittip if you lose a claim or a chargeback or if there is a
reversal of the gift.</p> 

</li> 


<li> <p>Taxes</p>

<p>It is your responsibility to determine what, if any, taxes apply to the
gifts you make or receive, and it is your responsibility to collect, report and
remit the correct tax to the appropriate tax authority. Gittip is not
responsible for determining whether taxes apply to your transaction or for
collecting, reporting, withholding or remitting any taxes arising from any
transaction.</p> 

</li> 


<li> <p>Fees</p>

<p>Gittip reserves the right to charge service fees based on the total amount
of your transaction. Such fees are subject to change without notice and in
Gittip's sole discretion. All Gittip fees will be disclosed to you before you
complete your transaction.</p>

</li> 


<li> <p>Electronic Notices and Your Consent</p>

<p>You agree and consent to receive electronically all communications,
agreements, documents, receipts, notices and disclosures (collectively,
"Communications") that Gittip provides in connection with your Gittip account
and use of the Gittip Services. Gittip may provide these Communications to you
by posting them on the Gittip website, or by emailing them to you at an email
address you provide. You should maintain copies of electronic Communications by
printing a paper copy or saving an electronic copy. You may also contact us to
request additional electronic copies of Communications or, for a fee, paper
copies of Communications. You may withdraw your consent to receive electronic
Communications by contacting us, however, Gittip reserves the right to
terminate your use of the Gittip Services if you decline or withdraw consent to
receive electronic Communications.</p> 

</li> 


<li> <p>Disclaimer</p>

<p>EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GITTIP, THE
GITTIP SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. GITTIP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO THE GITTIP SERVICES. Gittip does not guarantee continuous, uninterrupted
or secure access to any part of the Gittip Services.  Gittip will make
reasonable efforts to ensure that requests for gift payments are processed in a
timely manner, but Gittip makes no representations or warranties regarding the
amount of time needed to complete processing.</p> 

</li> 

</ol>
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