All Content posted or otherwise submitted to the GivingTuesday India* website (http://www.givingtuesdayindia.org) is the sole responsibility of the account holder/user from which such content originates. The account holder/user acknowledges and agrees that the user is entirely responsible for all content that he/she posts, or otherwise submits to the GivingTuesday India website. GivingTuesday India and GuideStar India do not control user submitted content and, as such, do not guarantee the accuracy, integrity or quality of such Content.
As a condition of use, the user promises not to use this website for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by GivingTuesday India. By way of example, and not as a limitation, the user shall not use the features:
- To abuse, harass, threaten, impersonate, intimidate or cause harm/ distress to any person;
- To post or transmit, or cause to be posted or transmitted, any content or communications that are libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the website;
- To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any GivingTuesday India user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts for the purpose of voting for or against users’ content;
- To post copyrighted content or other communications that do not belong to the user or, with the exception of commenting on content in social media, where the user may post such content with explicit mention of the author’s name and a link to the source of the content;
- To use any robot, spider, scraper or other automated means to access this website for any purpose without our express written permission (with the exception of accessing RSS feeds). Additionally, the user agrees that he/she will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or (iii) bypass any measures we may use to prevent or restrict access to this website;
- To artificially inflate or alter vote counts, view counts, comments, or any other service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of features and functionalities;
- To advertise to, or solicit from, any user to buy or sell any third-party products or services, or to use any information obtained from the services in order to contact, advertise to, solicit from, or sell to any user without their prior express consent;
- To promote or sell content of another person;
- To sell or otherwise transfer his/her profile;
To report suspected abuse of the website or a breach of the Terms, please write to firstname.lastname@example.org
GivingTuesday India or GuideStar India do not provide funding/ other resources or guarantee providing funding/ other resources to those using this website. GivingTuesday India/ GuideStar India enable corporates, individuals and NGOs to connect and create partnerships to help supplement their projects and promote giving in general.
The user is solely responsible for his/her interactions with other users of this website. GivingTuesday India reserves the right, but has no obligation, to monitor disputes between users.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THIS WEBSITE
Please read this section carefully before posting, uploading, or otherwise submitting any content to this website. By submitting content to this website, the user is granting GivingTuesday India and GuideStar India a worldwide, non-exclusive license to use the content. The user is representing and warranting to GivingTuesday India and GuideStar India that the content is either owned by him/ her or the user is authorised to represent or distribute the content. GivingTuesday India and GuideStar India are free to publish, distribute and use the content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of GivingTuesday India’s agreement to allow the user to use the features, the user agrees with GivingTuesday India as follows.
The user acknowledges that:
- By uploading his/her photographic or graphic works on this website the user grants GivingTuesday India rights to use the content to promote giving;
- By posting content to this website the user grants to GivingTuesday India a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content in connection with GivingTuesday India in any form print or electronic. This license will exist for the period during which the content is posted on this website and will automatically terminate upon the removal of the content from this website;
- The license granted to GivingTuesday India includes the right to use content fully or partially for promotional reasons and to distribute and redistribute content to other parties, websites, authorized agents, applications, and other entities, provided such content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to GivingTuesday India (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
- GivingTuesday India has the right to reasonably modify, alter and amend titles, descriptions, tags, and other accompanying information for any content for the purposes of improving content quality, visibility or searchability, while trying to ensure the original meaning is not materially altered. GivingTuesday India has the right to submit content to other parties and authorized agents for editorial, marketing, publicity and other such purposes;
- Notwithstanding this, GivingTuesday India makes no representation and warranty that content posted on this website will not be unlawfully copied without the user’s consent;
- Registration on the GivingTuesday India and GuideStar India portals and Certification by GuideStar India are based on the data/ documents (including an undertaking) provided by NGO for the certification process. GuideStar India does not carry out visits nor does it attach any independent judgement of its own while recommending approval of organisations; GuideStar India cannot verify the charitable nature of activities of NGOs as per the Income Tax Act, given the complex nature of activities, the paucity of information and its interpretation. It will verify that, in the Undertaking for the certification process, the NGO has made a declaration that the NGO is compliant as per the Income Tax Act and other applicable laws in India as on the date of certification;
- GuideStar India may modify its registration and certification criteria and/ or process at any point without prior notice;
The user represents and warrants that:
- He/she is the owner or the authorised representative of the owner of all rights, including all copyrights in and to all content that he/she submits to the site;
- The user has full and complete authority and right to enter into this agreement and to grant to GivingTuesday India and GuideStar India the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use of the content by GivingTuesday India and GuideStar India as contemplated herein; and
- The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
RELEASE AND INDEMNITY
The user hereby expressly and irrevocably releases and forever discharges GivingTuesday India and GuideStar India, their affiliated and associated organisations, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgements, claims and demands whatsoever in law or equity which the user ever had, now has, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of his/her use of this website and features.
The user hereby agrees to indemnify and hold harmless GivingTuesday India and GuideStar India, their affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on this website, social media and related communication material (iii) the use of the features, by the user or any person using his/her account or GivingTuesday India username and password, (iv) the sale or use of the user’s images, or (v) any violation of any rights of a third party.
GivingTuesday India disclaims any liability, legal or otherwise, that may arise due to the act, omission or otherwise of any visitor to this site, or caused by the same. Visitors to the site acknowledge that GivingTuesday India is purely a "facilitator" for information between the NGOs and visitors, and as such, stands indemnified from any liabilities that may arise due to the same. Visitors also acknowledge that visiting this site is an implicit acceptance of these terms and conditions on their part.
*GivingTuesday India is managed by GuideStar India, an initiative of Civil Society Information Services India as per the cooperation and promotion agreement with The Young Men’s and Young Women’s Hebrew Association, doing business as the 92nd Street Y (“92Y”) which operates the #GivingTuesday campaign across the world.