Generous is a pay-what-you-want social e-commerce platform that allows products to be shared to potential buyers across social networks, blogs or websites. Generous provides buyers and sellers (collectively "Users") a pay-what-you-want social e-commerce platform (the "Service") that allows products and non-commercial items (collectively "Goods") to be purchased and shared across social networks, blogs or websites using a link. The website for Generous is located at https://genero.us and http://generous.net (the "Website")
1. Changes to User Agreement.
This Agreement is subject to change by Company in its sole discretion at any time by posting notice of the change on the Website. If Company makes any material changes and you have registered to use the Service, Company will also send an email to you at the last e-mail address you provided to Company pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new Users and will be effective ten (10) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for registered Users (defined below) upon the earlier of ten (10) days after posting of notice of such changes on the Website or ten (10) days after an e-mail notice of such changes is sent to existing Users. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Service and terminate the Agreement as described below. Otherwise, your continued use of the Service constitutes your acceptance of such change(s). Please regularly check the Website to view the then-current Agreement.
2. Acknowledgement and Acceptance.
3. Restrictions on Use.
While using the Service or the Website you will not:
- Violate any laws, third party rights or our policies;
- Use the Website, Service, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, Service, or tools;
- Fail to deliver payment for Goods purchased by you;
- Fail to deliver Goods purchased from you;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Company or any seller;
- Post false, inaccurate, misleading (including personal information);
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm Company, or the interests or property of Company users;
- Export or re-export any Company tools except in compliance with the export control laws of any relevant jurisdictions;
- Copy, modify or distribute rights or content from the Website, Service or tools or Company's copyrights and trademarks; or
- Collect information about Users, including email addresses, without their consent.
- Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
- Transmit to Company or any User any information or materials (including Goods) of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortuous, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Use any robot, spider, scraper or other automated means to access the sites for any purpose;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website or the Service without the prior express written permission of Company and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, Service or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Service.
4. Misuse of Service/Website.
Company and our community of Users (the "Community") work together to keep our Website and Service working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Website and content, Service and tools, delay or remove hosted content, including but not limited to Goods and User Content, and take technical and legal steps to keep Users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Company transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Website, Service, Company Link, or tools.
5. Buyer Protection.
Buyers of Goods ("Buyers") and sellers/givers ("Sellers") share the responsibility for making sure purchases facilitated by Company are successful. Company will work with the Buyer and Seller to help resolve any conflict. Additionally:
- Sellers agree to allow Company to remove funds from their Company accounts for amounts due to Buyers.
- Where there are insufficient funds in Company accounts, we will require another reimbursement method.
- Sellers agree to allow us to charge the payment method they designate for amounts due to Buyers.
Changing a reimbursement method will not affect Company's use of a payment method on file for other purposes (such as payment of your Company fees). If Sellers do not provide Company with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Sellers from using our Service or Website until payment is made.
6. User Information.
Sellers may only use information provided by another user for transaction-related purposes that are not unsolicited commercial messages or other purposes expressly authorized by the relevant User.
Buyers may use the Website and/or Services at no cost. We charge Sellers a fee for each sale conducted via the Service plus a per transaction fee to cover merchant costs (the "Fees"). To further encourage Buyers to give a little more, a percentage of every sale always goes to charity. Sellers can give as much as 100% if they choose. When you list Goods, you have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least notice by posting the changes on the Website. In addition, you are responsible for paying all fees and applicable taxes associated with our Website and Service (the "Taxes"). We credit to your account the purchase price for all Goods sold by you using the Service, less Fees and Taxes, within 60 days following the end of the calendar month in which the payment for such Goods was received by us, provided, however, that we may accrue and withhold such payment until the total amount due to you is at least $10.
A transaction may be reversed or charged back to your account if it is disputed by the buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith. For any transaction that results in a chargeback, we may withhold the transaction amount from your account. If your account is pending resolution of any chargebacks, we may delay your account's next payout(s). We reserve the right to withdraw from your account the amount of a transaction if we believe that there is a significantly increased risk of a chargeback occurring. If your account is incurring a significantly high volume of chargebacks, we reserve the right to (a) suspend your account, (b) increase processing fees, and/or (c) withhold payouts.
9. Processing Errors and Holds.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement. To protect against the risk of liability, Company has the ability hold Seller funds based on certain factors, including, but not limited to, selling history or Seller performance.
10. Content License.
Any and all links to audio, text, photos, pictures, graphics, comments, and other content, data or information that you make available for sale to or use by buyers via Company (hereinafter "User Content") is generated, owned and controlled solely by you, and not by Company. Company does not claim any ownership rights in your User Content, and you hereby expressly acknowledge and agree that your User Content remains your sole responsibility and you shall indemnify, defend and hold Company harmless relating to any claims relating to your User Content.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Company through its suggestion, feedback, wiki, forum or similar pages, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Company shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
12. Third-Party Content.
The Website may contain links to websites operated by parties other than Company. Such hyperlinks are provided for reference only. Company does not control such websites and is not responsible for their contents. Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk. Company is not responsible in any way for the content in any third-party advertisements contained on the Website.
13. Listing Conditions.
By using the Service to list or sell one or more Goods, you agree to pay Company's fees for such, assume full responsibility for the content of the Goods offered, and accept the following listing conditions: When you use the Service to sell Goods on Company's Website, your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Company cannot guarantee exact listing durations.
15. Limitation of Liability.
Company is not responsible for other Users' Content or Goods, actions or inactions, or items they list. You acknowledge that Company is not a traditional auctioneer. Instead, the Service allows anyone to offer, sell, and buy Goods, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of Goods advertised, the truth or accuracy of User Content or listings, the ability of Sellers to sell the Goods, the ability of Buyers to pay for Goods, or that a Buyer or Seller will actually complete a transaction or return any Good. We do not transfer legal ownership of items from the Seller to the Buyer. Further, we cannot guarantee continuous or secure access to our Website, Service or tools, and operation of our Website, Service or tools may be interfered with by numerous factors outside of our control. ACCORDINGLY, TO THE FULL EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE, SERVICE AND TOOLS. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
16. Release. LOGIN
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or Website, breach of this Agreement, or your violation of any law or the rights of a third party.
18. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
For purposes of this Agreement, any notices will be sent in writing to the following respective addresses:
For you: the physical and/or e-mail address provided by you to Company at the time you registered, which may be updated by you from time to time.
20. Legal Disputes.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Company agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as Company and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at 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. Not withstanding the forgoing, this Agreement shall be governed in all respects by the laws of the State of Oregon as they apply to agreements entered into and to be performed entirely within Oregon between Oregon residents, without regard to conflict of law provisions. If no other agreement is reached between the parties relating to the resolution of a dispute, then agree that any dispute you may have against Company must be resolved by a court located in Multnomah County, Oregon. You agree to submit to the personal jurisdiction of the courts located within Multnomah County, Oregon, for the purpose of litigating all such disputes.
21. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Company's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the Site;
- Information sufficient to permit Company to contact you, such as your physical address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
The above information must be submitted to (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded). Upon receiving your complaint, Company may remove content that you believe infringes its copyright. In addition, Company may terminate the account of the member who appears to be infringing your intellectual property rights.
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. Generous may assign this Agreement, an any of its rights or obligations hereunder. 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 this site. Except as stated elsewhere, all amended terms shall automatically be effective ten (10) days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. All provisions of this Agreement that would naturally survive termination of this Agreement, shall survive termination.