GIVINGTUESDAY SPARK WEBSITE TERMS OF USE

 

For Youth, Teachers + Families Visiting GivingTuesdaySpark.org:

Last modified: April 20, 2021

Welcome to GivingTuesdaySpark.org  This website is controlled and operated by GivingTuesday.  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 GivingTuesdaySpark’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 GivingTuesdaySpark’s Privacy Policy to understand our practices regarding collection,  use, and disclosure of information. By continuing to use the Website, you agree to the terms of this policy, which are incorporated by reference.

https://givingtuesdayspark.org/privacy-policy

USE OF MATERIALS ON THIS SITE; PERMITTED AND PROHIBITED USES

The content of this Website is for your general information and use only; it is subject to change without notice.

Your use of the Website shall be in a non-commercial manner. You will not use the Website for advertising purposes or for any use that is obscene, indecent, or otherwise prohibited by law. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

INTELLECTUAL PROPERTY

This Website contains material which is owned by or licensed to GivingTuesday in connection with the GivingTuesdaySpark campaign. This material includes, but is not limited to, the design, layout, look, appearance and graphics that are protected by copyright, trademark, and other intellectual property laws. GivingTuesday retains all rights, including copyright, in data, image, text and any other information found on the Website that is the property of GivingTuesday.

A GivingTuesdaySpark logo is available for download. Your use of the GivingTuesdaySpark logo and typeface can only be used for the express purpose of participation in the GivingTuesdaySpark campaign and not for any unrelated purpose. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivate works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit, the Website or its content.

GivingTuesday reserves the right, in its sole discretion, to delete or block any individual or corporation from the Website for any reason or for no reason at all, including, but not limited to, any individual or corporation using the logo in a manner inconsistent with the mission of GivingTuesday and GivingTuesdaySpark (such as any use that spreads hateful messages or speech, or promotes a completely unrelated project).

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

In the event that you find Content posted on the Site which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact GivingTuesday’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:

  • your name, address, telephone number, and email address, and, if you are acting on behalf of the owner of the intellectual property, the name of the owner;

  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;

  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;

  • if your claim is based on a registered work, the registration number and the date of issuance of the registration;

  • a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;

  • your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and

  • a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to:

GivingTuesday

165 Court St, #107

Brooklyn, New York 11201

Or email us at:

info@givingtuesday.org

USER CONTENT

GivingTuesdaySpark.org allows Users to submit, post, and display, provide, or otherwise make available content such as text, images, videos, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content").

You retain ownership rights of the User Content that you submit and/or upload to the Website.  

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through GivingTuesdaySpark.org or to GivingTuesday, you represent and warrant that you either own or have permission to use the User Content.  

You must have the legal right to the User Content you submit to the Service. You may not upload or post any User Content to GivingTuesdaySpark.org that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post by the by the owner or by law.

LINKS TO THIRD PARTY SITES

GivingTuesday is not responsible for the content of any off-site pages or other sites linked to the Website. Your linking to any off-site pages or other sites is at your own risk. GivingTuesday provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by GivingTuesday or the views expressed therein. GivingTuesday has no control over the nature, content and availability of those sites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. Charity Navigator and Guidestar are helpful tool(s) in obtaining useful information about charities.

ACCURACY AND WARRANTY DISCLAIMERS 

GIVINGTUESDAY MAKES NO REPRESENTATION OF ANY KIND REGARDING THE WEBSITE CONTENT OR ANY PORTION THEREOF. ALL WEBSITE CONTENT IS PROVIDED IN “AS IS” CONDITION. INFORMATION IS PROVIDED TO WWW.GIVINGTUESDAYSPARK.ORG AND WHILE GIVINGTUESDAY ENDEAVORS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, GIVINGTUESDAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Every effort is made to keep the website up and running smoothly. However, www.GivingTuesdaySpark.org takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. 

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT WILL GIVINGTUESDAY BE LIABLE FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF GIVINGTUESDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE GIVINGTUESDAY FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED.

You agree to defend, indemnify, and hold GivingTuesday and its employees, agents, officers, directors, contractors, suppliers, and other representatives harmless from and against all losses, liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this website.

TAX DEDUCTIBILITY

www.GivingTuesdaySpark.org does not collect or distribute money on behalf of individuals, charities or any other organizations, and makes no representation as to the tax deductibility of your donations to other parties.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, excluding its conflicts of law rules.

NOTE: GivingTuesday Privacy Policy, incorporated by reference: https://www.givingtuesday.org/privacy-policy

Copyright

Access to and use of GivingTuesday website’s text, images and data is subject to the following terms and conditions:

GivingTuesday retains all rights, including copyright, in data, image, text and any other information contained in these files.

The material contained in this website is copyrighted by GivingTuesday or by third parties from whom we have obtained permission to publish their materials on the website and whose credit line appears in association with their copyrighted information. Any commercial use or publication of any material from GivingTuesday’s website is strictly prohibited.

GivingTuesday’s image and text files on this website are made available for noncommercial, educational and personal use only. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the materials as they would material from any printed work, and the citations should include the URL: www.givingtuesday.org.

Permissions and Requests for Images

Anyone wishing to use any of these files or images for publication, commercial use or any other purpose must request and receive prior written permission from GivingTuesday. Permission for such use is granted at the sole discretion of the organization. For information concerning permissions, or to make a request, email info@givingtuesday.org.

Policy Changes

Occasional changes may be made to this document as new services and content are added to our site or to reflect changes in GivingTuesday’s policies. Visitors to GivingTuesday's website are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using GivingTuesday’s website, you signify your acceptance of our Privacy Statement. If you do not agree to this, please do not use our websites. Your continued use of any GivingTuesday website following the posting of changes to these terms will indicate your acceptance of those changes.

Contact Information

For more information, contact us via email.