DataGiving Terms of Service

Last Updated: 10th October, 2012

Welcome to DataGiving!

Our mission is to help raise awareness of and engagement with social and environmental causes around the world. We do this by providing a software platform (the "DataGiving Platform") that enables you to upload information about causes, and displays this on the Site in visualisations and as text, and in response to relevant searches made by Members of DataGiving.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL TERMS OF USE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OR ACCESS THIS SITE.

These Terms of Use ("Agreement") constitute a contract between you ("you") and DataGiving (Registered in England & Wales with Company No. 07391938, whose principal place of business is at 2 Carlton Court, Carlton Way, Cambridge, CB4 2BX) and governs your use of the DataGiving Site, located at www.datagiving.com (the "Site", "we" or "us"). By using the Site, you agree to be bound by this Agreement.

Copyright Notice

All pages, text and graphics contained at www.datagiving.com are the property of or licensed to, DataGiving Ltd. Pages, Content or other content from the Site may not be redistributed or reproduced in any way, shape, or form without the written permission of DataGiving Ltd. Unauthorised use of content is a violation of copyright laws. You can embed, print or download any part of the text and images for non-commercial use only and any copies must retain the copyright or other intellectual property notices contained in the original material. Any other use could lead to action or breach of copyright.

Terms and Conditions

USE OF DATAGIVING.COM IMPLIES AN AGREEMENT TO THE FOLLOWING:

1. Definitions

"Your Content" is any Content that you submit to a DataGiving Platform as a DataGiving Registered Member (as defined). Your Content includes the name, logo, trademark, brand features and other Content that you make available, and content regarding causes that may include, but is not exclusive to, geographic location and sector or focus of the Cause, funds required by the Cause and intended use and impact of funds, RSS feeds and pages, amongst other content.

"Members" means any registered or non-registered user of the DataGiving website or Service.

"DataGiving Account" is an account you create with DataGiving which includes a name, email address, and password.

"Registered Members" are DataGiving Members who have also registered on the DataGiving Platform using their DataGiving Account.

"Causes" any social or environmental cause, this includes but is not exclusive to Aid, Humanitarian, and Charitable projects.

"DataGiving Technology" means the past, present and future content of the DataGiving Platform, including all software in any format (including the Platform Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, graphs, data visualisations, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the DataGiving Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the DataGiving Platform and the DataGiving Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the DataGiving Platform, and all DataGiving Marks (as defined below), domain names, patents, and other intellectual property. DataGiving Technology does not include Your Content.

"DataGiving Platform" The DataGiving Platform refers to DataGiving technology or software which processes content regarding causes, provided by registered users, and displays this to Members in formats, including graphical format

"DataGiving Content" All data and information that are created, installed, uploaded, or transferred in connection with the Services by You and members of DataGiving

2. Provision of the Services by DataGiving

2.1 DataGiving is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DataGiving provides may change from time to time without prior notice to you.

2.2 As part of this continuing innovation, you acknowledge and agree that DataGiving may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DataGiving's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform DataGiving when you stop using the Services.

2.3 You acknowledge and agree that if DataGiving disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

2.4 You acknowledge and agree that while DataGiving may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by DataGiving at any time, at DataGiving's discretion.

3. Use of the Services by you

3.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DataGiving will always be accurate, correct and up to date.

3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

3.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DataGiving, unless you have been specifically allowed to do so in a separate agreement with DataGiving.

3.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.5 Unless you have been specifically permitted to do so in a separate agreement with DataGiving, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3.7 You agree that you are solely responsible for (and that DataGiving has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DataGiving may suffer) of any such breach.

4. Your content and licenses to your content

4.1 As a registered member of DataGiving, you are free to upload to the DataGiving platform content regarding "Causes" ("Your Content"). You own Your Content. DataGiving does not claim any ownership rights in Your Content. You may only upload Your Content to the DataGiving Platform, provided that Your Content complies with the terms of this Agreement.

4.2 You will not upload any content that is offensive, indecent or objectionable. DataGiving reserves the right to remove or edit any content any content posted on the Site at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, indecent or objectionable.

4.3 You are responsible for making sure that you have all rights in Your Content you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for ensuring that Your Content is compatible with any DataGiving Technology. DataGiving disclaims any liability or responsibility for any unauthorised use of Your Content by third parties and is not responsible for protecting Your Content. We retain the right to remove offensive, obscene or racist content when we find it.

4.4 You hereby grant DataGiving a non-exclusive, worldwide, perpetual, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform Your Content (a) for the purpose of operating and making Your Cause available on the DataGiving Platform and in all current and future media in which the DataGiving Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes. Additionally, you hereby grant DataGiving a non-exclusive, world-wide, irrevocable, sublicenseable royalty-free right and license to continue using, reproducing, archiving, caching, publicly displaying and performing in perpetuity, any of Your Content that is incorporated into the DataGiving Platform. The foregoing license does not limit DataGiving's rights under any third party or open source license in which Your Content is licensed.

5. DataGiving content terms of use

5.1 The Site is open and free to use. Everything you use remains the sole and exclusive property of DataGiving. The data visualisations are licensed to you under a Creative Commons Attribution Non-Commercial Share Alike License. Simply put, this means that anyone can share, copy, remix, or build upon the visualisation as long as: (i) it is used non-commercially; and (ii) the visualisation's creator (DataGiving) and source are credited.

5.2 As a registered user of the Site you may take away data, in download, embed or text format, free of charge, for non-commercial use as long as you retain any reference to copyright.

5.3 You must not, nor try to, make mass, automated or systematic extractions of the Site content, or use it to create or include it within another paper or electronic database, or try to re-sell it or re-distribute it. We reserve the right to prohibit or restrict the way in which other sites link to or frame or re-present any of the Website content.

5.4 DataGiving does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a user of any communications which allegedly do not conform to this Agreement, DataGiving may investigate the allegation and determine in good faith and on its sole discretion whether to remove or request the removal of the communication.

6. Charities and organisations featured on the Site

6.1 All Charities and organisations featured on the Site have agreed in writing to DataGiving uploading their content to the Site, and displaying it in ways that will enhance access to their website.

6.2 Charities and organisations are accepted as members at DataGiving's discretion.

7. Linking to DataGiving

7.1 Any Site may link to any of the pages on DataGiving. However, pages from DataGiving may not be embedded in a frame from the referring site, without the written permission of DataGiving.

8. Chargeable Services and Payment

This section refers to chargeable DataGiving services only. Members will not be charged by DataGiving for use of the DataGiving website and technology. Any payments taken by Registered Members from Members such as donations are not covered by sections 8.1-8.4 below. 8.1 Pricing for Premium Services

Prices for Premium Services may be subject to change from time to time. DataGiving charges in GBP, prices given in other currencies are approximate only.

8.2 Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorise DataGiving to charge your credit card, debit card, GoCardless or PayPal account for all charges to your accounts with DataGiving. Your Payment Method will be charged the current fee for the Premium Services on a monthly basis unless you have selected to pay in yearly intervals. Payments are recurring unless notified otherwise by you in writing (see 8.3). Any and all payments are non-refundable.



8.3 Cancellation Policy

You may elect to cancel your Premium Service at any time for any reason or for no reason by contacting us at support@DataGiving.com.


All future data relating to a cancelled Premium Service will no longer be accessible by means of the DataGiving Platform following the effective date of cancellation. You will be able to continue to access all Premium Service data purchased on or before the effective date of cancellation via the DataGiving Platform.

If you cancel your Premium Service before the end of the then-current paid-up month, your cancellation will take effect immediately and you will not receive a refund or credit for the unused portion of such month.

You acknowledge and agree that the cancellation of your payment plan(s) and service(s) offered by DataGiving hereunder is your sole right and exclusive remedy with respect to any dispute that you may have with DataGiving (or any of its affiliates) that relate in any manner to the DataGiving Platform, including, without limitation, any dispute arising from or in connection with

8.4 Taxes

All fees for Premium Services are inclusive of VAT.

8.5 Payment Processing

DataGiving facilitates donations to Registered Members, who collect all monies directly and who may use third-party payment providers to process these payments. These payments are subject to the third-party payment provider’s Terms of Use. DataGiving is not affiliated with any third party payment provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to DataGiving on the one hand and DataGiving Registered Members on the other hand. To the extent that the DataGiving Platform is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a user of the DataGiving Platform hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider’s terms of service, and neither DataGiving or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the performance (or lack thereof) of the other. The terms of this Terms of Service shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this Terms of Service with respect to the DataGiving Platform.

You accept the responsibility to provide refunds to Members who pay you via the DataGiving Platform at your own discretion. DataGiving will not be held liable for refunds or lack thereof during use of third-party payment providers.

9. Warranties and Liability

9.1 DataGiving is provided without warranty of any kind. There are no guarantees that use of the site will not be subject to interruptions. All direct or indirect risk related to use of the site is borne entirely by the user. All Content provided by DataGiving is provided as examples without warranties to performance, fitness, merchantability, and/or any other warranty (whether expressed or implied).

9.2 DataGiving may contain inaccuracies or errors. DataGiving makes no guarantees regarding the accuracy of the site or its contents. If you discover that the site or its contents contains errors, please contact us so these can be corrected.

9.3 THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DATAGIVING AND ITS CONTRIBUTORS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, OR THE SERVICES, OR FOR ANY DELAYS INTERRUPTIONS OR OMISSIONS IN THE SERVICE OR THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL HAZARDS

9.4 TO THE EXTENT PERMITTED BY LAW, DATAGIVING DISCLAIMS ALL OTHER WARRANTIES ON THE SERVICES OR THE CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

9.5 UNDER NO CIRCUMSTANCES SHALL DATAGIVING BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE WEBSITE, THE SERVICE OR THE CONTENT, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE CONTENT OR THE INFORMATION EVEN IF DATAGIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.6 NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM A PARTY'S NEGLIGENCE OR FROM FRAUDULENT MISREPRESENTATION ON THE PART OF A PARTY

10. Linked Sites

10.1 DataGiving contains links to other sites. DataGiving is not responsible for any content that appears on these linked sites, and the inclusion of a link does not imply any endorsement of that linked site.

11. Intellectual Property Complaints

11.1 DataGiving is committed to the protection of intellectual property rights of third parties. Accordingly, rights owners concerned because they have found Content on the DataGiving Platform for which they have not given permission should contact stating the following:

11.2 The process for handling requests to remove non-permitted Content from the DataGiving Platform is as follows:

11.3 DataGiving will contact those people submitting complaints as soon as reasonably possible;

11.4 Where it is established that there is a copyright infringement DataGiving will remove the notified Content from the DataGiving Platform as soon as reasonably possible;

11.5 People submitting complaints will be asked to sign a form stating that they are the rights owner or their representative and why the Content should be removed.

12. General

12.1 The formation, existence, construction, performance and validity in all aspects whatsoever of these terms and conditions shall be governed by English law. Your continued use of the Site indicates your acceptance of these Terms.

12.2 If you are in breach of these Terms, or we have reasonable grounds to believe that you are, we may suspend and/or terminate your access to this Site without prior notice. If you are in breach of these Terms and we do not take any action against you, we may still take action against you later or if you breach the same term on another occasion or if you breach a different term.

12.3 DataGiving Ltd may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms.

13. Contacting DataGiving

You may contact DataGiving in the following ways:

Email: