Terms and Conditions

OVERVIEW

GivingTuesday is a free and open Canadian movement for giving and volunteering, taking place each year after Cyber Monday. The “Opening day of the giving season,” it is a day where charities, companies and individuals join together to share commitments, rally for favourite causes and think about others. Since 2013 The GIV3 Foundation and CanadaHelps.org have been working together with many others in the charitable sector, to lead GivingTuesday in Canada.

TERMS AND CONDITIONS OF USE

These General Terms and Conditions of Use (“Terms”) constitute the “Agreement” and govern the relationship between The GIV3 Foundation (referred sometimes herein as “GIV3”) and you (referred sometimes herein as “you” or as “partner”) for your access to and use of the web site and resources located at http://www.givingtuesday.ca (the “website” or the “Site”).

Welcome to givingtuesday.ca, the GivingTuesday Canada website.  This website is controlled and operated by GIV3.  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 govern GIV3’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 GIV3’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.

www.givingtuesday.ca/privacy

USE OF MATERIALS ON THIS SITE; PERMITTED AND PROHIBITED USES

The GivingTuesday website currently provides partners with access to a collection of resources, including logos, various communications, educational tools, and content through its website. 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 offence.

SHARING OF INFORMATION

GivingTuesday partners may create public profiles to raise awareness and promote their cause as well as solicit funds, volunteers or other forms of charitable giving. GIV3 does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GIV3 the following world-wide, royalty free and non-exclusive license, as applicable: With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

You agree that all content created, posted or otherwise provided is the responsibility of the party providing the content and must comply with all provisions of these terms and conditions. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm other members in any way;

Third party organizers may use the GivingTuesday web site to create, list and/or promote GivingTuesday “Civic Movements” Civic Movements are independent groups participating in GivingTuesday who wish to collaborate with other individuals or organizations in their area. All content created, posted or otherwise provided by Civic Movement organizers or their affiliated partners is the responsibility of the party providing the content and must comply with all provisions of these terms and conditions.

If you choose to join a Civic Movement through the GivingTuesday web site, you agree that GIV3 will share your contact information as well as any content you provide to GIV3 with the organizers of that Civic Movement. You agree that organizers of Civic Movements you have joined may publish any content you have provided through the GivingTuesday web site through any means or media including, but not limited to your GivingTuesday partner profile information, web links and your organization logo.

Users who create Civic Movements agree to the following terms of use with respect to other user’s content in addition to all other terms and conditions herein. If you create or promote a Civic Movement using the GivingTuesday web site you will:

  1. Assume full responsibility for all content that you provide to GIV3 through the GivingTuesday web site;
  2. Maintain your account profile with up to date contact information at all times;
  3. Immediately remove from your web site or other content publishing platform any content provided by GIV3 or another GivingTuesday user at the request of GIV3;
  4. Use the content provided by GIV3 solely for the purposes of creating, promoting and maintaining a GivingTuesday related campaign or other initiative;
  5. Protect the privacy of other GivingTuesday users whose contact information you acquire from GIV3. In particular, you will use this contact information solely for the purpose of communicating with individuals and organizations who have joined your Civic Movement with information specifically related to your GivingTuesday campaign and for no other purpose. You will not use user contact information for advertising, promotional materials, “junkmail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation including soliciting of donations to a registered charity or other non-profit organization. You will never share user contact information with any third party whether for remuneration or otherwise under any circumstances. If you discontinue your Civic Movement or the related GivingTuesday campaign or if GIV3 terminates your user account for any reason or for no reason, you will immediately and permanently delete all user contact information;
  6. Provide a means of automatically unsubscribing from future communications in every email or other communication you send to other users. You will immediately and permanently delete the contact information of any user who chooses to unsubscribe and agree never to contact them again for any purpose;

INTELLECTUAL PROPERTY

This website contains material which is owned by or licensed to GIV3 in connection with the GivingTuesday 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. GIV3 retains all rights, including copyright, in data, image, text and any other information found on the website that is the property of GIV3.

GivingTuesday logos are available for download. Your use of the GivingTuesday logos and typeface can only be used for the purpose of participation in the GivingTuesday 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 logo, the website or its content.

GIV3 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 (such as any use that spreads hateful messages or speech, or promotes a completely unrelated project).

Any and all postings on the GivingTuesday blog or social media channels (e.g., text, images, and videos) shall not violate the rights of any third parties.

Claims of Copyright Infringement

If you believe that any Content on the GivingTuesday web site violates your copyright, please send us a notice of the violation using the following contact information:

GivingTuesday c/o
The GIV3 Foundation
637 Carleton Ave
Montreal, Quebec, Canada
H3Y 2Y3

To be effective, the Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, Upon receipt of a notice of claimed infringement that satisfies these requirements we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of Canada and will terminate the access privileges of those who repeatedly infringe on the copyrights of others.

LINKS TO THIRD PARTY SITES

GIV3 has not reviewed all of the sites linked to the website and 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. GIV3 provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by GIV3 or the views expressed therein. GIV3 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.

TAX DEDUCTIBILITY

GIV3 and www.givingtuesday.ca do not collect or distribute money on behalf of individuals, charities or any other organizations, and make no representation as to the tax deductibility of donations to other parties. Donations initiated on www.givingtuesday.ca home page using the “Give to any charity” button are processed by CanadaHelps.org and are the full responsibility of CanadaHelps.org. Donations solicited on partner profile pages are not processed by GIV3. GIV3 has not reviewed all of the donation URL links and is not responsible for the content or legitimacy of these third party links. Presence of a third party donation link does not imply endorsement of, sponsorship of, or affiliation with the linked site by GIV3. The user is solely responsible for determining the extent to which they may use any content at any other websites to which they might link from this website.

 

ACCURACY AND WARRANTY DISCLAIMERS 

GIV3 MAKES NO REPRESENTATION OF ANY KIND REGARDING THE WEBSITE CONTENT OR ANY PORTION THEREOF. ALL WEBSITE CONTENT IS PROVIDED IN “AS IS” CONDITION AND WHILE GIV3 ENDEAVORS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, GIV3 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, GIV3 takes no responsibility for, and will not be liable for, the website www.givingtuesday.ca being temporarily unavailable due to technical issues beyond our control. 

INDEMNIFICATION

Partners and users agree to defend, indemnify and hold harmless The GIV3 Foundation and its directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, “GivingTuesday Indemnified Parties”) from and against any and all claims, actions, demands, damages, losses, liabilities costs, expenses (including attorneys’ fees), causes of action and other proceedings (“Claims”) arising out of or relating to: (a) Partner’s or user’s breach of these Terms; (b) Partner or user misuse of the Site and/or GivingTuesday services.

 Waiver of Consequential damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIV3 BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OR LOSS OF BUSINESS, LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOST DATA OR ANY FAILURE OF SECURITY ARISING OUT OF OR RESULTING FROM IN ANY WAY THE GIVINGTUESDAY SERVICES, NEWS LINK SEARCH RESULTS, SOFTWARE, SITE, THIRD PARTY CONTENT, THIRD PARTY WEB SITES AND ANY INFORMATION, MATERIAL AND CONTENT CONTAINED IN OR PRESENTED ON OR THROUGH THE GIVINGTUESDAY SERVICES AND/OR THE SITE, AND/OR THE USE OF OR INABILITY TO USE ANY OF THE FORGOING,WHETHER OR NOT GIV3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE.

APPLICABLE LAW

These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and the Partner irrevocably agrees that all disputes arising out of or in connection with this Agreement shall be finally settled by binding arbitration under the Rules of Arbitration of the Code of Civil Procedure (Quebec) by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Montreal, Quebec, Canada. The language of the arbitral proceedings shall be English (or as determined between parties). Judgment upon any award(s) rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrator is authorized to include in the award an allocation to any party of such costs and expenses, including attorneys’ fees, as the arbitrator shall deem reasonable.

Privacy & Security Statement

Information Collected Voluntarily

GivingTuesday does not collect any personal information about individuals—such as names and postal or email addresses—except when such information is knowingly provided to GivingTuesday. Personal information might be obtained from online transactions such as partner registration or webinar registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on our site. Any personal identification information retrieved by GivingTuesday must be voluntarily submitted by the user. You can help GivingTuesday to maintain the accuracy of personal information by updating your profile here. This information may be used to contact you about offers and events that may be of interest to you.

Information Collected Automatically

The GivingTuesday website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the site, allowing us to provide an optimal shopping experience and better service throughout the site. The information collected automatically by the web server does not, however, contain anything that can identify individuals personally, such as an email address.

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies can’t read data from your hard disk or read cookie files that were created by other sites—the website that creates a cookie is the only one a browser will permit to access it.

Examples of ways in which GIV3 might use cookies would be to control access to certain user features, such as your user password and membership profile, to customize content areas or to analyze site activity and user behaviour. GIV3 also reserves the right to use cookies in the future in conjunction with new content or extended functionality.

If you are concerned about the use of cookies, you can explore a web browser’s options to notify you whenever a cookie is set, or disallow cookies altogether. Users should be aware, however, that prohibiting the use of cookies will restrict access to certain types of content or features.

How the Information is Used

The following are examples of how GIV3 might use the personal information it collects:

  • If you signed up as a GivingTuesday partner we may periodically send you emails with information that may be of interest to you.
  • We may combine information you’ve shared with us through your GivingTuesday profile page, along with publically available information to enhance and personalize our communications with you about events that may be of interest to you, or for other promotional purposes.
  • If you indicated you would like to take part in a GivingTuesday “Civic movement” associated with a specific town or city, we may share your email address with the organizers of that movement in your area. If you would prefer not to have your information shared in this way, send an email message containing your name and postal address to us.

Terms and Conditions of Use

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

GIV3 retains all rights, including copyright, in data, image, text and any other information contained in these files. GivingTuesday 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.

The material contained in this website is copyrighted by GIV3 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 the GivingTuesday website is strictly prohibited.

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 GIV3. Permission for such use is granted at the sole discretion of the organization. For information concerning permissions, or to make a request, send an email message.

Linking to Third-Party Sites

GIV3 has not reviewed all of the sites linked to the website and 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. GIV3 provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by GIV3.

Warranty Disclaimer and Limitation of Liability

GIV3 makes no representation of any kind regarding the site content or any portion thereof. All website content is provided in “AS IS” condition. GIV3 does not warrant the accuracy of the materials provided herein, either expressly or by implication, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, GIV3 cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

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 GIV3 policies. Visitors to the GivingTuesday website are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

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

Contact Information

For more information, contact us:

GivingTuesday

c/o The GIV3 Foundation
637 Carleton Ave
Montreal, Quebec,
Canada