Introduction
Welcome to eRaffle.com. By using the eRaffle.com website, you agree to the following terms and conditions and the general principles for the websites of our subsidiaries and partners. You are contracting with eRaffle.com. If you have any questions, please contact eRaffle.com.
To become a member, you must read and accept all of the terms and conditions of this User Agreement and the Privacy Policy. This User Agreement becomes effective upon your acceptance.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Using eRaffle.com
While using eRaffle.com, you will not:
· post content or items under inappropriate categories or areas
· violate any laws, third party rights or any eRaffle policies
· use eRaffle.com if you are unable to enter into legally binding contracts, are under the age of 18 without parental consent or are denied access to this or related eRaffle sites;
· receive tickets for eRaffles without payment, unless tickets are for free eRaffles
· fail to deliver items purchased from you, unless the buyer/winner is negligent or you cannot validate the buyer's identity
· manipulate the price of any item or interfere with the products, services or eRaffles of other members
· deviate from the eRaffle fee structure, the billing process, or fees owed to eRaffle
· post false, inaccurate, misleading, defamatory, or libelous content
· undermine the feedback or rating systems
· transfer your eRaffle account and eRaffle ID to another party without the consent of eRaffle
· distribute or post spam
· distribute viruses or anything that would otherwise harm the operations of eRaffle
· copy, modify, or distribute content from eRaffle.com and eRaffle's copyrights and trademarks
· collect information about eRaffle members
Abusing eRaffle.com
Please report problems, offensive content, and policy violations. Please work with eRaffle to keep this site safe and secure.
Report violations that infringe upon the copyrights, trademarks or other rights of third parties.
If you create problems, or if eRaffle.com believes that you pose legal liabilities, we may restrict or cancel your account, prohibit access to our website, remove hosted content, and take technical and legal steps to keep you off of eRaffle.com. eRaffle may cancel unconfirmed accounts.
Fees and Services
eRaffle is free for members. Fees are charged, however, for using services, such as eRaffling items, becoming a Premium Member or becoming a Merchant Member. When you eRaffle an item or use a service that is based upon fees, you may review and accept said fees. Fee changes will be posted and become effective 7 days thereafter. eRaffle may change any and all fees for our services for promotional events or new services, and such fees will be effective upon posting of the same.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees prior to using eRaffle services.
Resolution of Disputes
If a dispute arises between you and eRaffle.com, a neutral, cost effective and timely resolution is agreed upon by all concerned. Accordingly, you and eRaffle agree that all parties will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with this Agreement, or as all concerned otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
· Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws that govern eRaffle.com, as they apply to agreements entered into and to be performed entirely within the jurisdiction that governs eRaffle.com, without regard to conflict of law provisions. You agree that any claim or dispute you may have against eRaffle must be resolved by a court located within the jurisdiction that governs eRaffle.com, except as otherwise agreed by the parties, or according to the arbitration terms below. You agree to submit to the personal jurisdiction of the courts that govern eRaffle.com for the purpose of litigating all such claims or disputes.
· Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
· Improperly Filed Claims - All claims you bring against eRaffle.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, .com may recover attorneys' fees and costs up to $1,000.00, provided that eRaffle.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when posted. When using particular services on eRaffle.com, you are subject to any posted policies or rules applicable to services you use. All such policies or rules are hereby incorporated into this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on eRaffle's registered agent and to the email address you provide to eRaffle during the registration process. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Content License
In order to provide eRaffle services on your behalf, content given to eRaffle must represent a grant for a non-exclusive, international, continuous, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future.
Liability
You will not hold eRaffle.com responsible for the actions or inactions of other members. You acknowledge the limitations of eRaffle.com to control the actions of others outside of enforcing this User Agreement. eRaffle.com is a venue whereby eRaffle.com may eRaffle just about anything, at anytime, from anywhere. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, or that an eRaffler or winner will satisfy all responsibilities. eRaffle.com is solely the platform that conducts the eRaffle on behalf of the party, the eRaffler, requesting the same.
eRaffle does not transfer legal ownership of items from the eRaffler to the winner. Unless the eRaffler and winner agree otherwise, the winner will become lawful owner of an item or service upon physical receipt from the eRaffler. Accordingly, to the extent legally permitted, eRaffle.com excludes any and all implied warranties, terms and conditions, especially since eRaffle cannot guarantee the continuous operation of eRaffle.com, as any number of influences may detract from eRaffle.com operations, with said influences outside of the control of eRaffle.com. Loss of money, goodwill, or reputation, or any other damages resulting from eRaffle.com usage by you, is not actionable against eRaffle.com. Furthermore, since some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.
Release
Should you have a dispute with one or more users, you release eRaffle.com and all eRaffle.com officers, directors, agents, subsidiaries, partners and employees from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
You agree not to:
· take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure
· copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from eRaffle.com without the prior expressed written permission of eRaffle.com and any appropriate third party, as applicable
· interfere or attempt to interfere with the proper working of eRaffle.com or any activities conducted on eRaffle.com or its related sites
· bypass our robot exclusion headers or other measures we may use to prevent or restrict access to eRaffle.com
Privacy
eRaffle.com will not sell or rent your personal information to third parties. We use your information only as described in the privacy policy. We view protection of members' privacy as being critical to the integrity of the security and safety of eRaffle.com. Your information is stored and protected by physical as well as technological security devices. You may view the eRaffle Privacy Policy to understand how we use and protect your personal information.
Indemnity
You will indemnify and hold eRaffle.com and its officers, directors, agents, subsidiaries, partners 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 your violation of any law or the rights of a third party.
General
You may contact eRaffle.com at 3705 Bank of America Tower, 12 Harcourt Road, Central, Hong Kong.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on eRaffle.com. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through email or message. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services, Release, Content License, Liability, Indemnity and Resolution of Disputes.
eRaffle.com Privacy Policy
eRaffle.com respects your privacy and will not divulge your personal information to anyone or any agency without your express permission. Unless it is transparent that you intend to defraud others or to conduct or engage in illegal activities, your personal information will be used solely by eRaffle.com.
This eRaffle Privacy Policy describes how your personal information is used on eRaffle.com or any of its websites. Furthermore, international privacy practices are subject to all applicable laws.
By accepting the eRaffle Privacy Policy and User Agreement, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for all new users.
Once you become an eRaffle member and provide personal information, you agree and acknowledge that this information is contained within eRaffle servers, wherever located.
Your Use and Disclosure of Your Information
Your eRaffle ID is viewable and your activities on eRaffle.com may be traceable to your eRaffle ID. Anyone who knows your eRaffle ID may understand your eRaffle activities. Do not tell anyone your eRaffle ID.
eRaffle sites will allow you to share personal and financial information to complete transactions with other members or companies. Be sure to fully disclose your privacy practices and respect the privacy of others. Since eRaffle cannot guarantee the privacy or security of your information, please evaluate the privacy and security policies of others before proceeding.
eRaffle may disclose information, under specific conditions, to allow for shipping and financials and data needed to facilitate your transactions. eRaffle members involved in a transaction have access to information, such as name, eRaffle ID, email address, and other contact and shipping information. In all cases, and regardless of your role in the transaction, you must give members a chance to remove themselves from your database and confirm what information you have collected about them.
You agree to use eRaffle information for:
· eRaffle transaction-related purposes;
· using services offered through eRaffle
· other purposes that a member requests
Collection and Storage of Information
eRaffle.com may collect and store the following:
· email address, physical contact information and any account numbers
· transactional information based on your activities on the site (such as buying, selling, eRaffling)
· shipping, billing and other information you provide to purchase or ship an item
· community discussions, chats, dispute resolution, correspondence through eRaffle.com, and correspondence sent to eRaffle.com
· computer sign on data, statistics on page views, traffic to and from eRaffle and related sites, and ad data
· other information, including IP address and standard web log information
· supplemental information from third parties
Disclosure and Use of Information
eRaffle.com will not provide your information to third parties.
eRaffle.com may combine your information with data from other companies to improve eRaffle services.
Your personal information is used to provide you with a safe, efficient, and customized experience. Within this understanding, you acknowledge that your information will be used to:
· provide eRaffle services and customer support
· resolve disputes
· prevent illegal activities or products and enforce the eRaffle User Agreement
· expand, improve and specialize eRaffle services, web design and content
· involve you with targeted marketing or promotional offers based upon your preferences
· validate your information for accuracy, which may be verified with third parties
eRaffle.com may disclose your information to satisfy legal requirements, enforce eRaffle policies, respond to claims that an eRaffle or other content violates the rights of others, or protect anyone's rights, property or safety.
We may also share your information with or when:
· eRaffle.com subsidiaries and affiliates - to help detect and prevent potentially illegal acts and provide joint services
· service providers who help with eRaffle business operations
· any parties to whom you direct eRaffle to send your information
· law enforcement or governmental officials - for legal and lawful requests relating to a criminal investigation or alleged illegal activity
· there is an investigation for fraud, intellectual property infringement, piracy, or other unlawful activity
· other business entities with whom eRaffle plans to merge with or to be acquired by; in which case, each entity shall follow this privacy policy. In the event there is any deviation from the established Privacy Policy, you will receive prior notice.
Unless otherwise stated above, we will not disclose your information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure.
Yet, when eRaffle believes the disclosure of information is necessary to prevent imminent physical harm or financial loss, or to report suspected illegal activity, eRaffle.com has a responsibility to make such disclosures.
Password
Protect your eRaffle password. Use unique numbers, letters, and special characters when creating your password. Do not disclose your eRaffle password to anyone. If you share your password or your personal information with others, you are responsible for all actions with respect to your account.
If you lose control of your password, your personal information may be compromised and you may be legally bound for actions made with the use of your account. Therefore, if your password is compromised, notify eRaffle and change your password.
You may see, review and change most of your personal information on eRaffle.com. Change your information as needed. Once you make a public posting, you may not be able to change or remove it.
However, upon your request, and depending on time constraints, we will close your account and remove your personal information. We store personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and take other actions otherwise permitted by law.
Spam
eRaffle.com will not send spam or allow spam. We will communicate with you primarily to your eRaffle account or directly to your email.
Do not add any eRaffle member, even a user who has purchased an item from you, to your mailing lists without their express consent.
To report eRaffle related spam or spoof emails to eRaffle, please notify eRaffle.com directly. Do not send spam and do not violate the eRaffle User Agreement.
eRaffle filters and scans for viruses and other illegal or prohibited content. eRaffle does not store store email messages.
Use of Cookies
Please note that eRaffle.com uses cookies on certain pages to help analyze site usage, customize services, measure promotional effectiveness, and promote trust and safety.
With respect to cookies, please note:
· some eRaffle features are only available with cookies
· cookies identify you and maintain your signed-in status
· most cookies are deleted at the end of a session
· cookies may be declined; but, you may not be able to use eRaffle.com
· cookies from third parties may occur when using the pages of eRaffle.com
Storage of Your Information
Your information is stored on eRaffle servers. We treat data as an asset that must be protected against access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. And some may misuse your information collected from eRaffle.com. Therefore, although eRaffle is diligent with respect to protecting your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information collected from you. Since eRaffle does not control the privacy policies of third parties, you are subject to the privacy policies of those third parties. You must clarify questions before you disclose your personal information to others.
Amendments to Privacy Policy
This eRaffle.com Privacy Policy may be amended at any time. Any amendments will be posted on eRaffle.com. All amendments take effect 30 days after they are initially posted on the Site and upon eRaffle notifying you.
Your questions will be answered online or by mail to:
eRaffle.com
Attn: Legal - Global Privacy Practices
3705 Bank of America Tower
12 Harcourt Road
Central
Hong Kong
