1. When you purchase a Charity Gift Card, you are making a donation to a Donor Advised Fund operated by TisBest Philanthropy, a charity recognized by the government as a charity under IRC 501(c)(3). As provided by law, all money in our Donor Advised Fund is under the exclusive legal control of TisBest Philanthropy. When a Charity Gift Card recipient spends a Charity Gift Card, they are asking TisBest Philanthropy to donate the funds associated with that Charity Gift Card to the charity they select. When making such a donation, we donate the face value of the card, minus 3% and minus $1.95. A "Free $1 Card," or any similar promotional cards that we may issue, entitle the holder to request that we direct $1.00, or the amount otherwise indicated, from our general fund to the selected charity; with such cards, we donate the full face value of the card to the selected charity. We endeavor to follow the wishes expressed when Charity Gift Cards are spent, but the law does not require us to do so.
2. We are not responsible in any manner whatsoever for Charity Gift Cards that are misplaced, including without limitation, cards that are lost, stolen, intercepted or misdirected.
3. We reserve the right to add new charities to, or remove charities from, our list of Charities at any time. A Charity Gift Card holder may only choose among the charities shown on our list of Charities at the time the card is spent.
4. The transaction between a TisBest Charity Card purchaser and TisBest Philanthropy is complete when TisBest Philanthropy charges the credit card of the purchaser and emails a receipt to the email address provided by the purchaser. After a Charity Gift Card has been purchased, it cannot be canceled, refunded or exchanged. Whoever has the TisBest Code associated with the card may spend the card and choose a charity for the funds associated with the card. The first person to enter a TisBest Code and spend a Charity Gift Card is definitively presumed to be entitled to spend that Charity Gift Card.
5. The law prohibits you or anyone related to you from receiving more than incidental benefits from the charity to which your Charity Gift Card money is donated. Therefore, by agreeing to these Terms and Conditions, you are representing and warranting to us that neither you, nor anyone related to you by family or contract, will receive more than an incidental benefit as a result of funds donated through a Charity Gift Card.
6. Our policy is to transfer funds associated with a Gift Card to the selected charity in the calendar quarter following the calendar quarter in which the card is spent. For example, if a card is spent in the first quarter of a year, we aim to transfer the funds associated with that card to the selected charity in the second quarter of that year. We may transfer funds sooner or later if circumstances dictate.
7. Charity Gift Cards do not expire.
8. The 501c3 nonprofit organizations shown on our list of Charities do not sponsor or endorse TisBest Philanthropy in any manner whatsoever. The names and logos shown are the property of their respective owners and are typically subject to tradename and trademark protection. TisBest claims no ownership or other rights in such names or marks.
9. Charities shown on TisBest may be invited to provide logos through the TisBest charity interface page. In the instance that a charity provides us with a logo, we agree to use the logo only next to the name of the identified charity in the list of charities shown on our website, and in the donation-confirmation email that is sent to the card purchaser and the card recipient after a card is spent to donate funds to the charity that has provided the logo. We agree not to show or use the logo provided in any other manner whatsoever. The license for TisBest to show the logo may be revoked at any time by the charity that provided the logo, either upon written notice to TisBest or by deleting the logo on the TisBest charity interface page; when a license is so revoked, we will cease using the logo within two (2) business days after the notice of revocation.
10. TisBest Philanthropy is a Washington state nonprofit corporation that operates exclusively in Washington state. Anyone purchasing or spending a TisBest Charity Gift Card or engaging in other transaction(s) with TisBest Philanthropy agrees that Washington law is applicable to such transaction(s) and that exclusive jurisdiction and venue for any lawsuit or other action against TisBest Philanthropy lies in King County, Washington.
11. You represent and warrant to us that any images, logos, text or other data (collectively, "Uploaded Material") that you provide to this website is being provided and will be used in compliance with all applicable laws, ordinances, regulations and agreements that may apply. Without limitation, you represent and warrant that all Uploaded Material, and its use in connection with this website, will not violate any copyright, trademark, right of privacy, right of publicity, or agreement to which you are bound, and that such Uploaded Material is not threatening, abusive, libelous, defamatory, obscene, pornographic or offensive to any protected class. You agree to indemnify and defend us in the event you violate, or are accused of violating, the foregoing restrictions on Uploaded Material.
12. If you believe that your work has been copied on this website in a way that constitutes copyright infringement, please provide our copyright agent the written information required under 17 U.S.C. 512(c)(3).
Our copyright agent for notice of claims of copyright infringement on this website is: Jon Siegel, Executive Director, TisBest Philanthropy, 506 Second Ave, 29th Floor, Seattle, WA 98104.
13. WE DISCLAIM ANY AND ALL WARRANTIES IN CONNECTION WITH THIS WEBSITE AND CHARITY GIFT CARDS, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.
14. All rights are reserved in connection with the TisBest brand, the Gift Cards and this website. "TisBest", "Give a Better World", "Charity Gift Card", and our logo of a dove carrying a bow, are trademarks and/or registered trademarks. The design of Gift Cards is proprietary trade dress in which all rights are reserved. This website (www.tisbest.org) is copyrighted creative work in which all rights are reserved. The term Charity Gift Card has the same meaning as the terms donation gift and charitable gift card, which also appear on this website.
15. We reserve the right, with or without notice, to change these Terms and Conditions at any time.