"It's not wise to violate rules until you know how to observe them." - T.S Eliot
This Agreement is subject to change by Giving Digitized at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Giving Digitized posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Giving Digitized from time to time, such modifications to be effective upon posting by Giving Digitized on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Service provider Giving Digitized services are provided by, and you’re contracting with: Giving Digitized organized and operating under the laws of the State of New Jersey, USA.
Age requirements If you’re under the age required, 18, and manage your own giving, you must have your parent or legal guardian’s permission to use a Giving Digitized Account. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
Your relationship with Giving Digitized These terms help define the relationship between you and Giving Digitized. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Giving Digitized ’s business works and how we earn money. When we speak of “Giving Digitized,”, “Giving Digitized LLC”, “we,” “us,” and “our,” we mean Giving Digitized and its affiliates.
What you can expect from us We provide a broad range of services that are subject to these terms, including: apps and sites, platforms, integrated services. Our services are designed to work together, making it easier for you to move from one activity to the next.
Improve Giving Digitized services We’re constantly using new technologies and features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Giving Digitized Account, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. What we expect from you Follow these terms and service-specific additional terms The permission we give you to use our services continues as long as you meet your responsibilities in: these terms service-specific additional terms, which could, for example, include things like additional age requirements
Respect others Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct: comply with applicable laws, including export control, sanctions, and human trafficking laws respect the rights of others, including privacy and intellectual property rights don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others don’t abuse, harm, interfere with, or disrupt the services
Account Security You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Giving Digitized of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Giving Digitized will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Giving Digitized account.
Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others are not following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the Taking action in case of problems section. Permission to use your content Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you are free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
License Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they have given you their permission. We need your permission if your intellectual property rights restrict our use of your content. You provide Giving Digitized with that permission through this license.
- What’s covered This license covers your content if that content is protected by intellectual property rights.
- What’s not covered This license doesn’t affect your privacy rights — it’s only about your intellectual property rights This license doesn’t cover these types of content: publicly-available factual information that you provide, such as corrections to the address of a local business. That information does not require a license because it’s considered common knowledge that everyone’s free to use. feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.
- Scope This license is: worldwide, which means it’s valid anywhere in the world non-exclusive, which means you can license your content to others royalty-free, which means there are no fees for this license Rights This license allows Giving Digitized to: host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go publish, publicly perform, or publicly display your content, if you’ve made it visible to others modify and create derivative works based on your content, such as reformatting or translating it sublicense these rights to: other users to allow the services to work as designed, such as enabling you to share requests with people you choose our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
- Purpose This license is for the limited purpose of: operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content: for spam, malware, and illegal content to recognize patterns in data, such as determining when to suggest a new features in to keep related requests together to customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings) This analysis occurs as the content is sent, received, and when it is stored, using content you’ve shared publicly to promote the services. For example, to promote a Giving Digitized app, we might quote a review you wrote. Or to promote Giving Digitized , we might show a screenshot of the app. developing new technologies and services for Giving Digitized consistent with these terms
- Duration This license lasts for as long as your content is protected by intellectual property rights. If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There is a exception: If you make your content available through other companies’ services, it’s possible that search engines, including Google Search, will continue to find and display your content as part of their search results.
- Using Giving Digitized services If you meet these age requirements you can register with Giving Digitized for your convenience. You’re responsible for what you do with your registered Account, including taking reasonable steps to keep your registered Account secure, and we encourage you to regularly use the Security Checkup.
Using Giving Digitized services on behalf of an organization example many non-profits take advantage of our services. To use our services on behalf of an organization: an authorized representative of that organization must agree to these terms your organization’s administrator may assign the admin Account to you. That administrator might require you to follow additional rules and may be able to access or disable your registered Account.
Content in Giving Digitized services Your content Some of our services give you the opportunity to make your content publicly available — for example, you might post a review that you wrote. See the Permission to use your content section for more about your rights in your content, and how your content is used in our services See the Removing your content section to learn why and how we might remove user-generated content from our services If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Registered Accounts of repeat infringers.
Giving Digitized content Some of our services include content that belongs to Giving Digitized — for example, many of the visual illustrations you see in dashboards. You may use Giving Digitized ’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please contact us for permissions.
Other content Finally, some of our services give you access to content that belongs to other people or organizations — for example, a non-profits description of their own business, or a newspaper article displayed in News. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Giving Digitized ’s views.
Software in Giving Digitized services Some of our services include downloadable software. We give you permission to use that software as part of the services that you have contracted.
The license we give you is: worldwide, which means it’s valid anywhere in the world non-exclusive, which means that we can license the software to others royalty-free, which means there are no fees for this license personal, which means it doesn’t extend to anyone else non-assignable, which means you’re not allowed to assign the license to anyone else. Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses. You may not copy, modify, distribute, sell, or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings. In case of problems or disagreements By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don’t limit or take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law. Warranty We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
Disclaimers The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, (2) stated in the service-specific additional terms, or (3) provided under applicable laws. We don’t make any other commitments about our services. And unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- For all users These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Giving Digitized ’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Other than the rights and responsibilities described in this section (In case of problems or disagreements), Giving Digitized won’t be responsible for any other losses, unless they’re caused by our breach of these terms or service-specific additional terms.
- For business users and organizations only If you’re a business user or organization, then to the extent allowed by applicable law: You’ll indemnify Giving Digitized and its directors, officers, employees, and contractors for any thirdparty legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Giving Digitized won’t be responsible for the following liabilities: loss of profits, revenues, business opportunities, goodwill, or anticipated savings indirect or consequential loss punitive damages Giving Digitized ’s total liability arising out of or relating to these terms is limited to the greater of (1) US$500 or (2) 25% of the fees that you paid to use the relevant services in the 12 months before the breach.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Removing your content If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Giving Digitized , then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights. Suspending or terminating your access to Giving Digitized services
Giving Digitized reserves the right to suspend or terminate your access to the services or delete your access if any of these things happen: you materially or repeatedly breach these terms, service-specific additional terms or policies we’re required to do so to comply with a legal requirement or a court order we reasonably believe that your conduct causes harm or liability to a user, third party, or Giving Digitized — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you. If you believe your access has been suspended or terminated in error, you can appeal. Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services. Settling disputes, governing law, and courts. For information about how to contact Giving Digitized, please visit our contact page. New Jersey law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of New Jersey, USA, and you and Giving Digitized consent to personal jurisdiction in those courts. To the extent that applicable local law prevents certain disputes from being resolved in a New Jersey court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying New Jersey law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
About these terms By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights. These terms describe the relationship between you and Giving Digitized. They do not create any legal rights for other people or organizations, even if others benefit from that relationship under these terms. We want to make these terms easy to understand, so we have used examples from our services. But not all services mentioned may be available in your country. If these terms conflict with the service-specific additional terms, the additional terms will govern for that service. If it turns out that a term is not valid or enforceable, this will not affect any other terms. If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future. We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Giving Digitized Account.
"Our values are that we do think that people have a right to privacy. And that our customers are not our products." - Tim Cook
- The information we collect and why we collect it;
- How we use that information;
- How we share information; and
- The choices we offer.
Personally Identifiable Information That We Collect: We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Service. The personally identifiable information which you may provide to us could include, but is not limited to:
- Your name
- Your contact information (including, without limitation, address and email address);
- Your IP address; and
- Other personal information.
Non-Personal Or Aggregate Information That We Collect: When you access our Service, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.
It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at email@example.com and at 90 East Halsey Road Ste. 333 #887 Parsippany, NJ 07054
Information Usage: We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:
- We may share your personally identifiable information collected in connection with providing the Service.
- We may use your personally identifiable information to respond to your inquires or requests.
- We may share your personally identifiable information with third parties (collectively, the “Third Party Vendors”) to further the purpose for which you provided such information to us. For example, we may share your information with gmail or your Email provider of choice, for the purpose of sending emails. We urge you to read the privacy practices of all of our Third Party Vendors before submitting any personally identifiable information through the Service.
- We may disclose personally identifiable information as required by law or legal process.
- We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
- We may transfer your personally identifiable information in connection with the sale or merger or change of control of Giving Digitized or the division responsible for the services with which your personally identifiable information is associated.
- We may share your personally identifiable information with an affiliate of Giving Digitized who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.
We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.
Automatically Collected Information:
When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.
The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.
Your Disclosures In Blogs And Other Social Media:
You should be aware that personally identifiable information which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the Service or any other online services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.
Protection for Children: We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
Other Services: As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.
By using the Service, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the App).
Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred because of phone and/or text communications from Giving Digitized.
Contact: For questions or concerns relating to privacy, we can be contacted at firstname.lastname@example.org