Terms of Service
Last Updated: March 7, 2026
IMPORTANT LEGAL NOTICE - PLEASE READ CAREFULLY
These Terms of Service constitute a legally binding agreement between you and Ocean Digital LLC, doing business as GiveAuction. By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Platform.
1. Agreement to Terms
1.1 Acceptance: By accessing or using GiveAuction, operated by Ocean Digital LLC, a North Carolina limited liability company ("Ocean Digital," "Ocean Digital LLC," "the Platform," "GiveAuction," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Bidding Guidelines, which are incorporated herein by reference. As used throughout these Terms, "GiveAuction" refers to the platform operated by Ocean Digital LLC and its successors, assigns, and affiliated entities. References to "Ocean Digital LLC" or "Ocean Digital" include its parent companies, subsidiaries, affiliates, successors, and assigns, including any entity to which operation of the Platform may be transferred. If you do not agree to these Terms, you may not access or use the Platform.
1.2 Updates to Terms: We reserve the right to modify these Terms at any time, effective upon posting of the updated Terms. Your continued use of the Platform following any changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.
1.3 Electronic Agreement: By using the Platform, you agree to receive all communications, agreements, and notices electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
2. Platform Role and Limitations
CRITICAL PLATFORM NOTICE
Ocean Digital LLC provides GiveAuction as a software-as-a-service platform. Ocean Digital LLC is not a party to any transaction between Organizations and Donors/Bidders. GiveAuction operates SOLELY as a technology platform connecting nonprofit organizations and schools ("Organizations") with donors and bidders ("Supporters"). We are NOT a charity, broker, financial institution, auction house, agent, trustee, or fiduciary for any user. We merely provide the technology to facilitate connections between parties.
2.1 Technology Facilitator Only: Ocean Digital LLC provides GiveAuction as an independent software platform, similar to other fundraising technology providers such as Givebutter and Bloomerang. GiveAuction serves exclusively as a venue for nonprofit organizations and schools to list items for auction, accept donations, and conduct fundraising events. We do not own, sell, resell, manage, offer, deliver, or control any items listed or donations processed on the Platform. We are not involved in the actual transaction between users.
2.2 No Verification of Information: GiveAuction does not verify information provided by users, including but not limited to: nonprofit status, tax-exempt status, item descriptions, item authenticity, user identities, or how donated funds will be used. Users interact with each other and contribute at their own risk.
2.3 No Guarantees: GiveAuction makes no representations, warranties, or guarantees regarding: (a) the quality, safety, legality, authenticity, or availability of items listed on the Platform; (b) the success or outcome of any fundraising campaign; (c) how donations or auction proceeds will be used; (d) that sellers/fundraisers will complete transactions or deliver items; (e) that any specific amount will be raised.
2.4 No Responsibility for Fulfillment: All responsibility for item description accuracy, condition, legality, delivery, shipping, fulfillment, tax compliance, and donor communications rests solely with the Organization. GiveAuction has no control over and does not guarantee the existence, quality, safety, or legality of items advertised.
3. Binding Bids and Donations
LEGALLY BINDING COMMITMENT
ALL BIDS AND DONATION COMMITMENTS ARE LEGALLY BINDING. By placing a bid or making a donation, you are entering into a legally binding contract to complete the transaction. Failure to complete payment may result in account suspension, collection actions, and legal proceedings.
3.1 Binding Bid Contract: When you place a bid on GiveAuction, you enter into a legally binding agreement to purchase the item at your bid price if you are the winning bidder. Bids cannot be retracted, cancelled, or modified once placed.
3.2 Binding Donation Contract: When you make a donation (one-time or recurring), you authorize immediate or scheduled payment processing. Recurring donations continue until cancelled by you through your account settings.
3.2a Auto-Bid: When you enable Auto-Bid on an auction item, you authorize GiveAuction to automatically place bids on your behalf up to your specified maximum amount whenever you are outbid. Each auto-bid placed is a legally binding commitment identical to a manual bid. You may pause, resume, or cancel Auto-Bid at any time, but any bids already placed remain binding. You are responsible for setting an appropriate maximum amount and maintaining sufficient funds on your payment method.
3.3 Automatic Payment Authorization: By saving a payment method and placing bids or making donations, you explicitly authorize GiveAuction and our payment processors (including Stripe) to automatically charge your saved payment method for: (a) winning bids when auctions end; (b) recurring donation commitments; (c) any applicable fees.
3.4 Off-Session Processing: You understand and agree that payment processing may occur "off-session" (when you are not actively using the Platform), and you authorize such automatic processing without additional consent or notification.
3.5 Social Features and In-App Messaging: The Platform includes social features such as following organizations, sending connection requests, posting comments and reactions on auctions, and direct in-app messaging (chat) between users. By using these features, you consent to other users viewing your public profile information, receiving messages and notifications from other users, and having your social interactions (follows, comments, reactions) visible to other Platform users. You are solely responsible for the content of your messages, comments, and other communications on the Platform. GiveAuction reserves the right to monitor, review, and remove any user-generated content that violates these Terms.
4. Fundraiser/Seller Responsibilities
Fundraisers and sellers ("Organizations") are solely responsible for:
- Maintaining valid nonprofit or tax-exempt status (where applicable)
- Accurate item descriptions, photographs, and condition disclosures
- Item authenticity, quality, and legal compliance
- Timely fulfillment and delivery of sold items
- All shipping, handling, and associated costs
- Customer service, donor/buyer communications, and support
- Compliance with all applicable laws, regulations, and tax requirements
- Proper use and allocation of donated funds as represented
- Issuance of tax receipts where required by law
- Any damages, defects, or issues with items
- Returns, refunds, and dispute resolution with buyers
- Compliance with all charitable solicitation laws in their jurisdiction
- Maintaining their tax-exempt status with the appropriate governmental authorities
- Ensuring proper use of donated funds in accordance with applicable law and representations made to donors
Fundraiser Agreement: By using the Platform as an Organization, you represent and warrant that: (a) you have legal authority to conduct the fundraising activity; (b) all information provided is accurate and not misleading; (c) you will use funds as represented to donors; (d) you will comply with all applicable charitable solicitation laws.
No Obligation to Verify: Ocean Digital LLC has no obligation to verify the charitable status, tax-exempt status, or legal standing of any Organization using the Platform. Organizations are solely responsible for ensuring their own compliance with all applicable laws and regulations.
5. Donor/Bidder Obligations
5.1 Platform Role: As a Donor or Bidder, you use the Platform to discover and support charitable causes. You acknowledge that Ocean Digital LLC does not endorse, verify, or guarantee any Organization, campaign, or item listed on the Platform.
5.2 Due Diligence: You are solely responsible for researching and evaluating any fundraising campaign, nonprofit organization, or auction item before bidding or donating. GiveAuction provides no vetting, verification, or endorsement of any campaign or organization.
5.3 Payment Responsibility: You must maintain a valid payment method with sufficient funds. You are responsible for all taxes, fees, or other charges applicable to your transactions.
5.4 At Your Own Risk: All bids and donations are made at your own risk. You acknowledge that you may not receive any item, recognition, tax benefit, or other expected value from your bid or donation, and GiveAuction bears no responsibility for such outcomes.
5.5 Direct Seller Interaction: All disputes regarding item condition, delivery, fulfillment, or fund usage must be resolved directly with the Organization/seller. GiveAuction does not mediate, arbitrate, or resolve user-to-user disputes.
6. Communication and Notification Consent
6.1 Transactional Communications: By using the Platform, you consent to receive transactional and service-related communications via email, push notifications, SMS, in-app notifications, and in-app chat messages, including: bid confirmations, outbid alerts, auto-bid updates, auction endings, payment confirmations, shipping updates, donation receipts, social interaction notifications (follows, connection requests, comments, reactions), in-app messages from other users, and account notifications.
6.2 Public Bid Display: You acknowledge and consent that your bids may be publicly displayed on auction pages, including your username and bid amount. Leaderboards may display donor information for fundraising campaigns.
6.3 Outreach Communications: By creating an account, you consent to receive communications from Ocean Digital LLC and GiveAuction about fundraising campaigns, events, auctions, opportunities, products, services, and other offerings that may be of interest to you, including campaigns organized by other Organizations on the Platform and offerings from Ocean Digital LLC or its affiliates. You may opt out of these promotional communications at any time through your account settings or by using the unsubscribe link in any email, but you cannot opt out of transactional communications.
6.4 Marketing Communications: By creating an account, you consent to receive marketing and promotional communications from Ocean Digital LLC, GiveAuction, and their affiliates, including information about new features, products, services, partnerships, and third-party offerings that may be relevant to you. You may opt out of marketing communications at any time through your account settings or by using the unsubscribe link in any email, but you cannot opt out of essential transactional and service communications while maintaining an active account.
7. Limitation of Liability
LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCEAN DIGITAL LLC'S AND GIVEAUCTION'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE TOTAL FEES PAID BY YOU TO GIVEAUCTION IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
7.1 Maximum Liability: To the fullest extent permitted by law, Ocean Digital LLC's and GiveAuction's total cumulative liability for any and all claims arising from or related to your use of the Platform shall not exceed the greater of: (a) $100 USD, or (b) the total amount of platform fees you paid to GiveAuction in the six (6) months prior to the event giving rise to the liability.
7.2 Excluded Damages: IN NO EVENT SHALL OCEAN DIGITAL LLC, GIVEAUCTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, business opportunities, or goodwill
- Loss of data, information, or digital content
- Items not received, received damaged, or not as described
- Delayed deliveries, lost shipments, or shipping damage
- Fraudulent, illegal, or harmful activity by users
- Misuse of donated funds by Organizations
- Payment processing errors, delays, or failures
- Unauthorized access to your account
- Service interruptions, bugs, or technical issues
- Actions or omissions of third parties, including payment processors
- Any matters beyond our reasonable control
7.3 No Liability for User Conduct: Ocean Digital LLC is not responsible for the conduct, actions, or omissions of any user, including Organizations who fail to deliver items, misrepresent their organization, or misuse funds; bidders who fail to pay; or any fraudulent, illegal, or harmful activity by users.
8. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
GiveAuction does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) defects will be corrected; (c) the Platform is free of viruses or harmful components; (d) the results of using the Platform will meet your requirements; (e) any content, including user-generated content, is accurate, complete, or reliable.
YOU ACKNOWLEDGE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR LOSS OF DATA RESULTING FROM YOUR USE OF THE PLATFORM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ocean Digital LLC, GiveAuction, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:
- Your use or misuse of the Platform
- Your violation of these Terms or any applicable law
- Your violation of any rights of another party
- Your user content, listings, or communications
- Your transactions with other users
- Items you list, sell, donate, or purchase through the Platform
- Any disputes between you and other users
- Your negligence, fraud, or willful misconduct
- Any claims related to invasion of privacy, publicity, defamation, or intellectual property infringement arising from your use of the Platform
10. Dispute Resolution and Arbitration
IMPORTANT ARBITRATION NOTICE - READ CAREFULLY
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY. YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN CLASS ACTIONS.
10.1 User-to-User Disputes: Ocean Digital LLC is not responsible for resolving disputes between users. All disputes regarding items, delivery, quality, fund usage, or any other matter between users must be resolved directly between the parties involved. GiveAuction does not mediate, arbitrate, or provide dispute resolution services for user-to-user conflicts.
10.2 Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your use of the Platform (collectively, "Disputes") shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, except where prohibited by law.
10.3 Arbitration Procedure:
- Arbitration will be conducted by a single neutral arbitrator selected in accordance with AAA rules
- Arbitration will take place in North Carolina, USA, or may be conducted remotely via videoconference at the arbitrator's discretion
- Each party bears its own attorneys' fees and costs unless the arbitrator determines otherwise
- The arbitrator's decision is final and binding, with very limited rights of court review under the Federal Arbitration Act
- Arbitration proceedings and awards are confidential
- The arbitrator may award any relief that would be available in court, subject to these Terms
10.4 Class Action Waiver: YOU AND OCEAN DIGITAL LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTIONS, OR ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. All Disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
10.5 Jury Trial Waiver: IF ARBITRATION IS UNAVAILABLE FOR ANY REASON, YOU AND OCEAN DIGITAL LLC EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL. Any court proceeding will be conducted by a judge in a bench trial.
10.6 Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the court's jurisdiction, provided the action remains in small claims court and proceeds on an individual, non-class basis.
10.7 Opt-Out Right: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@oz3an.com with your full name, mailing address, email address, and username. If you opt out, neither you nor Ocean Digital LLC can require the other to participate in arbitration.
10.8 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to conflict of law principles. Any court proceedings (if arbitration does not apply) must be brought exclusively in state or federal courts located in North Carolina, and you consent to personal jurisdiction in those courts.
10.9 Severability: If any portion of this dispute resolution section is found to be unenforceable, the remainder shall continue in full force and effect. If the class action waiver is found unenforceable in any case seeking public injunctive relief, this entire arbitration provision is void as to that claim only.
11. Platform Rights and Content Moderation
GiveAuction reserves the right, without liability and at our sole discretion, to:
- Remove, refuse, or modify any content, listing, or campaign for any reason or no reason
- Suspend, restrict, or terminate any user account at any time, with or without notice
- Cancel any auction, campaign, or transaction
- Place holds on funds pending investigation or compliance verification
- Share information with law enforcement, regulatory authorities, or affected parties
- Modify, suspend, or discontinue any part of the Platform at any time
- Change bidding rules, fees, policies, or platform features
- Investigate suspected violations and cooperate with authorities
We are under no obligation to pre-screen content but may do so at our discretion. We may remove content that violates these Terms or that we find objectionable for any reason.
12. Age Requirements and COPPA Compliance
12.1 Minimum Age Requirement: You must be at least 18 years old (or the legal age of majority in your jurisdiction, if higher) to use GiveAuction. The Platform is not intended for children under 18.
12.2 COPPA Compliance: GiveAuction complies with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 years of age. If we discover that a child under 13 has provided us with personal information, we will delete it immediately.
12.3 Parental Notice: If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately at hello@oz3an.com so we can delete the information.
12.4 Age Verification: We reserve the right to request proof of age at any time. Accounts found to be held by individuals under 18 will be immediately terminated without refund of any fees paid.
13. Account Suspension and Termination
GiveAuction reserves the right to suspend or terminate your account at any time, with or without cause or notice, for any reason including but not limited to:
- Violation of these Terms or any Platform policies
- Fraudulent, suspicious, or potentially illegal activity
- Non-payment of winning bids or donation commitments
- Failure to deliver items or fulfill orders as an Organization
- Misrepresentation of nonprofit status or fund usage
- Abusive, harassing, or inappropriate conduct
- Multiple accounts or identity manipulation
- Any activity that harms the Platform, other users, or our reputation
- Requests from law enforcement or regulatory authorities
Upon termination, your right to use the Platform immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including disclaimers, limitation of liability, indemnification, and arbitration provisions.
14. Payment Processing and Fees
14.1 Third-Party Processors: All payments are processed by third-party payment processors (including Stripe). GiveAuction is not responsible for payment processing errors, delays, chargebacks, or failures. You agree to be bound by the terms of service of our payment processors.
14.2 Platform Fees: GiveAuction charges platform fees as disclosed on the Platform. The current platform fee for auction transactions is 10% of the final sale price. Fees are subject to change with notice. All fees are non-refundable unless otherwise stated.
14.3 Automatic Charging: By placing a bid or making a donation commitment, you authorize GiveAuction and our payment processors to automatically charge your saved payment method. You are responsible for ensuring adequate funds are available.
14.4 Recurring Donations: Recurring donations will be processed on a monthly or yearly basis as selected by you until cancelled through your account settings. You may cancel recurring donations at any time, effective at the end of your current billing period.
15. Intellectual Property
15.1 Platform Content: The Platform and its original content, features, and functionality are owned by Ocean Digital LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
15.2 User Content License: By posting content on the Platform, you grant Ocean Digital LLC and its successors and assigns a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content for any purpose, including in connection with the Platform, marketing, advertising, product development, research, and any other lawful business purpose. This license survives termination of your account and any transfer of the Platform to a successor operator.
15.3 User Representations: You represent that you own or have the right to use any content you post, and that such content does not infringe any third-party rights.
15.4 Data License: To the maximum extent permitted by applicable law, by using the Platform, you grant Ocean Digital LLC and its successors and assigns a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable and transferable license to collect, use, process, store, analyze, and exploit data generated by or derived from your use of the Platform, including but not limited to usage data, transaction data, behavioral data, preferences, and interaction patterns (collectively, "Platform Data"), for any lawful purpose, including but not limited to: analytics; product and service improvement; research and development; machine learning and artificial intelligence training; advertising and marketing (including targeted and personalized advertising); creating and selling aggregated insights; business intelligence; benchmarking; and any other commercial or operational purpose. Where Platform Data is used in an identifiable form, such use will be governed by our Privacy Policy and subject to applicable data protection laws. This license survives termination of your account and any transfer of the Platform. Nothing in this section is intended to waive any non-waivable rights you may have under applicable data protection laws, including GDPR, CCPA/CPRA, or similar statutes.
16. General Provisions
16.1 Entire Agreement: These Terms, together with the Privacy Policy and Bidding Guidelines, constitute the entire agreement between you and Ocean Digital LLC regarding your use of the Platform.
16.2 Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
16.3 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.4 Assignment and Transfer: You may not assign your rights or obligations under these Terms without our prior written consent. Ocean Digital LLC may freely assign, transfer, delegate, or sublicense these Terms and any of its rights and obligations hereunder, in whole or in part, without notice or consent, including in connection with a merger, acquisition, reorganization, sale of assets, change of control, initial public offering, spin-off, creation of a new operating entity, or any other corporate transaction. In the event of such assignment or transfer, the assignee or successor entity shall assume all rights and obligations of Ocean Digital LLC under these Terms, and Ocean Digital LLC shall be released from all further obligations hereunder. You agree that upon any such assignment, your agreement under these Terms shall continue in full force and effect with the assignee or successor entity.
16.5 Force Majeure: Ocean Digital LLC shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, or interruption of power or communications.
17. Platform Provider Protections
PLATFORM PROVIDER NOTICE
OCEAN DIGITAL LLC ACTS SOLELY AS A TECHNOLOGY PROVIDER. THE FOLLOWING PROTECTIONS APPLY TO ALL USERS OF THE PLATFORM.
17.1 Technology Provider Only: Ocean Digital LLC acts solely as a technology provider and operator of the GiveAuction platform. Ocean Digital LLC is not a charity, nonprofit organization, auction house, financial institution, broker, agent, trustee, or fiduciary for any party.
17.2 No Responsibility for Users: Ocean Digital LLC is not responsible for the actions, representations, or omissions of any Organization, Donor, or Bidder using the Platform. This includes, without limitation, misrepresentations about charitable status, misuse of donated funds, failure to deliver items, or any other conduct by users.
17.3 No Guarantee of Tax-Exempt Status: Ocean Digital LLC does not guarantee the tax-exempt status of any organization listed on the Platform. Users are responsible for independently verifying the tax-exempt status of any organization before making donations.
17.4 Not a Fiduciary: Ocean Digital LLC is not a fiduciary for any party and owes no fiduciary duties to any user of the Platform, whether Organization, Donor, or Bidder.
17.5 No Fundraising Guarantees: Ocean Digital LLC makes no guarantee about fundraising outcomes, including but not limited to the amount of funds raised, the number of donors or bidders participating, or the success of any campaign or event.
17.6 Indemnification by All Users: Both Organizations and Donors/Bidders agree to indemnify, defend, and hold harmless Ocean Digital LLC, its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) the Organization's fundraising activities, representations, or use of donated funds; (b) the Donor's or Bidder's participation in auctions, campaigns, or events; (c) any dispute between an Organization and a Donor/Bidder; (d) any violation of applicable laws by either party; (e) any third-party claims arising from the user's activities on the Platform; or (f) any claim arising from events or conduct that occurred during Ocean Digital LLC's operation of the Platform, regardless of when such claim is asserted. This indemnification obligation survives termination of your account and any transfer of the Platform to a successor operator.
17.7 Operator Transition and Successor Entities: Ocean Digital LLC currently operates GiveAuction during its initial phase. Ocean Digital LLC reserves the right, at its sole discretion, to transfer, assign, or delegate the operation of the Platform to a new or separate legal entity (such as, but not limited to, a dedicated operating company) at any time without prior notice or consent. Upon any such transfer: (a) the successor entity shall assume all rights and obligations under these Terms; (b) Ocean Digital LLC shall be fully and irrevocably released and discharged from all obligations, liabilities, claims, and demands arising under these Terms or from the operation of the Platform, whether arising before, on, or after the date of transfer; (c) you agree that all licenses, consents, and authorizations granted by you under these Terms shall automatically transfer to and be enforceable by the successor entity; (d) your continued use of the Platform after any such transfer constitutes your acceptance of the successor entity as the operator; and (e) all data collected during Ocean Digital LLC's operation of the Platform may be transferred to the successor entity and used in accordance with these Terms and the Privacy Policy.
17.8 Survival of Protections: The limitations of liability, disclaimers, indemnification obligations, arbitration provisions, class action waivers, data licenses, and intellectual property provisions set forth in these Terms shall survive and continue to protect Ocean Digital LLC and its officers, directors, employees, agents, and affiliates even after: (a) termination of your account; (b) discontinuation of the Platform; (c) transfer of Platform operations to a successor entity; or (d) any corporate reorganization, sale, merger, or dissolution of Ocean Digital LLC. No transfer of Platform operations shall diminish or release any protections afforded to Ocean Digital LLC under these Terms for claims arising from events or conduct that occurred during Ocean Digital LLC's period of operation.
17.9 Release of Claims: To the maximum extent permitted by applicable law, you hereby release Ocean Digital LLC, its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, employees, and agents from any and all claims, demands, damages, losses, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Platform, transactions conducted through the Platform, or disputes with other users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar statute, regulation, or common law principle in any jurisdiction that would otherwise limit the scope of this release.
18. Contact Information
For questions about these Terms, please contact Ocean Digital LLC at:
- Email: hello@oz3an.com
- Arbitration Opt-Out: hello@oz3an.com
- Privacy Inquiries: hello@oz3an.com
ACKNOWLEDGMENT
BY USING GIVEAUCTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU UNDERSTAND THAT GIVEAUCTION IS A TECHNOLOGY PLATFORM ONLY AND BEARS NO RESPONSIBILITY FOR USER TRANSACTIONS, ITEM DELIVERY, FUND USAGE, OR DISPUTES BETWEEN USERS. ALL BIDS AND DONATIONS ARE LEGALLY BINDING. YOU AGREE TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED HEREIN. YOU ACKNOWLEDGE THAT OCEAN DIGITAL LLC IS THE CURRENT OPERATOR OF THE GIVEAUCTION PLATFORM AND ACTS SOLELY AS A TECHNOLOGY PROVIDER. YOU CONSENT TO OCEAN DIGITAL LLC AND ITS SUCCESSORS COLLECTING, USING, AND EXPLOITING YOUR DATA FOR ANY LAWFUL PURPOSE AS DESCRIBED IN THESE TERMS AND THE PRIVACY POLICY. YOU AGREE THAT OCEAN DIGITAL LLC MAY TRANSFER OPERATION OF THE PLATFORM TO A SUCCESSOR ENTITY AND THAT UPON SUCH TRANSFER, OCEAN DIGITAL LLC SHALL BE RELEASED FROM ALL FURTHER OBLIGATIONS.