The GivingTuesday website, GivingTuesday.org, (the “Website”) is controlled and operated by Giving Tuesday, Inc. (dba GivingTuesday). This Terms of Service Agreement (the “Agreement”) is between you (“you”) and GivingTuesday (together with our affiliates, service providers, and partners, “we,” and/or “us”) and governs your use of the GivingTuesday.org web site and successor web site(s) (the “Site”), including the materials and information posted on it, and the functionality that permits you to sign up to be listed as a participant, apply for a Starling Collective fellowship opportunity, submit stories or pin a “generosity activity” to the map, access tools or resources, or to use any other functionality offered through the website. If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with GivingTuesday’s Privacy Policy govern GivingTuesday’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use our Website.
PRIVACY
Please review GivingTuesday’s Privacy Policy to understand our practices regarding collection and use of information. By continuing to use the Website, you agree to the terms of this policy, which are incorporated by reference.
NOTE: GivingTuesday runs a program called GivingTuesdaySpark to educate children about generosity in general and our work in particular. This program is run through a separate (GivingTuesdaySpark.org) that has its own privacy policy and terms of service.
1. Acceptance of Terms and Supplementary Terms. GivingTuesday operates the Site subject to this Agreement, including the Privacy Policy and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Site (each, a “Supplementary Term“), each of which is incorporated by reference herein.
By using this website you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with GivingTuesday governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from GivingTuesday shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Amendment. GivingTuesday reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
3. Modification, Suspension, and/or Cancellation. GivingTuesday reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that GivingTuesday shall not be liable to you or to any third party for any such actions.
4. Personal Information. GivingTuesday’s use of personal information collected from and about you in connection with your use of the Site (e.g., as part of your Profile) is governed by our Privacy Policy, (the “Privacy Policy“), and which is incorporated by reference into this Agreement as a Supplementary Term. By providing this personal information, subject to the terms of the Privacy Policy, you grant to GivingTuesday a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Site.
5. Copyright, Ownership, and Creative Commons License: We are committed to transparency, openness, and respect for all people’s rights—a philosophy that extends to the content on this site. Through a Creative Commons license, we encourage greater accessibility to the materials that GivingTuesday staff, partners, and movement leaders create and publish, which means you can share and repurpose much of what you see on GivingTuesday.org but not everything.
All of the content featured or displayed on the Website (“Content”) is owned by the GivingTuesday, its licensors and/or its Content providers. All elements of the Website, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property. The Content owned by the GivingTuesday (i.e., all design elements, text, graphics, toolkits, resources and arrangements) is licensed to the public through the Creative Commons Attribution 4.0 International license. This license allows users to download Content owned by us (that is not specifically restricted) from the Website and to share it, adapt it, transform it and build upon it for any purpose, so long as any such use: (a) includes appropriate credit to GivingTuesday; (b) contains a link back to www.givingtuesday.org as the original source of the work and a link to the Creative Commons Attribution 4.0 International license; and (c) indicates if changes were made to the original Content. Except as authorized under copyright law, you are responsible for obtaining permission to use any Content owned by any party other than the GivingTuesday. This includes most photographs, illustrations and videos present on the Website, which are licensed by GivingTuesday from third parties and come with limited rights that do not allow us to make them available via a Creative Commons license. If you want to know who the copyright holder is for a specific photo, illustration or video, please contact us at info@givingtuesday.org and we will provide you with that information. You shall comply with all applicable law regarding your use of the Website and the Services. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
6. Rules of Conduct. Your use of the Site is expressly conditioned on your responsible and lawful participation in the Site community. Accordingly, and without limiting the foregoing:
You acknowledge and agree that:
You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:
You agree that you will not use the Site to:
You agree that you will not, without our express written consent:
7. Grant of License to GivingTuesday. A part of our website solicits generosity stories to display as “pins” on a map. Except as provided herein, GivingTuesday will not re-publish any provided Submissions outside the Site without your written consent. By submitting a story or “pin”, however, you grant GivingTuesday a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Site and to make it available to users as contemplated hereunder.
For each Submission, you represent and warrant that:
8. License. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), GivingTuesday hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. GivingTuesday and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
9. Monitoring. You acknowledge and agree that GivingTuesday may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content; and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in GivingTuesday’ sole discretion: to operate the Site; protect the rights and properties of GivingTuesday and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that GivingTuesday is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, GivingTuesday may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However, GivingTuesday cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, GivingTuesday shall not assume any liability for user content or third party conduct, communication or information on the Site.
10. Links and Online Listings. From time to time GivingTuesday may post and/or may permit you, other Site users or third parties to post on the Site (a) links to third party sites (“Links”) or (b) listings regarding the availability of relevant products or services (“Listings”). Such Links and Listings are provided subject to Section 14 below, and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that GivingTuesday does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by GivingTuesday. GivingTuesday may remove any Links or Listings at any time for any reason or for no reason.
[GivingTuesday WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT GivingTuesday CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE GIVINGTUESDAY (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]
11. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. GIVINGTUESDAY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
GIVINGTUESDAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF GIVINGTUESDAY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
12. Indemnity. You agree to defend, indemnify and hold harmless GivingTuesday and its respective successors, sponsors, employees, officers, directors, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; (c) your violation of any rights of any other person or entity while using the Site; or (d) information provided by you through the Site.
13. Termination. This Agreement is effective until terminated. GivingTuesday, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if GivingTuesday believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that GivingTuesday may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that GivingTuesday shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall GivingTuesday have any obligation to make information or files associated with the Site available to you after any such termination.
14. Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of New York, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in New York, United States and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that GivingTuesday may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Site is hosted and operated in, and made available from the United States. GivingTuesday does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
15. Copyright Notice: All design elements, text, graphics and arrangements are Copyright © 2012-2021, GivingTuesday, some rights reserved.
16. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send GivingTuesday a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send GivingTuesday a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Site and/or Services Site Administrator, GivingTuesday, 165 Court St, #107, Brooklyn NY 11201
17. Business Transfers. GivingTuesday may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
18. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and GivingTuesday. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and GivingTuesday relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and GivingTuesday relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. GivingTuesday will not be responsible for failures to fulfill any obligations due to causes beyond its control.
19. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to info@GivingTuesday.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include your EIN, bank routing, credit card information or other sensitive information in your e-mail correspondence with us.
LAST MODIFIED: June 20, 2021
