Charity Clarity (“CC,” “we,” “us,” or “our”) welcomes you on behalf of our legal entity EPG Strategy Communications Limited. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including http://www.charityclarity.org.uk (the “Website” and collectively with any such other platforms, the “Platform”).
1. DESCRIPTION AND USE OF SERVICES
CC helps donors make informed giving decisions through a searchable database of information that CC has collected, compiled, and assembled about UK-based organisations (the “CC Database”).
We provide Visitors, Registered Users, and Charity Representative Users with access to the Services as described in this Agreement.
Visitors: Visitors, as the term implies, are people who don’t register with us, but want to poke around and see what the Services are all about. No login is required for Visitors. Visitors can: (a) view all publicly-available content, including, without limitation, the CC Database; (b) access and/or submit content to certain third-party applications (for example, by making donations and writing reviews of charities) (the “Third-Party Applications”); and (c) e-mail us.
Registered Users: Login is required for all Registered Users, who can do all the things that Visitors can do, and: (a) flag charities of interest in their own charity “portfolio”; (b) let friends and families know what charities are of interest to them; (c) view up to three (3) years of ratings and financial data for each charity; (e) update their accounts; and (f) sign up for CC’s newsletter, alerts, and other notifications.
Charity Representative Users: Each charity is permitted to designate an official representative to manage its CC profile, who can do all the things that Registered Users can do, and: (a) update basic information about the applicable charity; (b) leave comments on the charity’s page about its current rating; and (c) updating accountability and transparency data in the CC Database. For purposes of this Agreement, unless otherwise herein stated, the term “Registered User” shall include Charity Representative Users.
CC is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion. In addition, CC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated this Agreement.
2. COMMUNITY GUIDELINES
CC’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Services, you agree to comply with these community rules, including when you access Third-Party Applications through the Platform, and that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, knowingly false, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another;
- Please be courteous, because everyone wants to be treated with respect, and showing respect to others makes the community better for all members;
- Don’t spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use the Services to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services; and
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it (provided, however, that CC may not be able to and shall not be required to monitor or remove any content submitted through a Third-Party Application).
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any content that does not adhere to these guidelines.
The Services are available for individuals aged 16 years or older. If you are under the age of 16, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. CC will not be liable for any loss or damage caused by any unauthorized use of your account.
5. INTELLECTUAL PROPERTY
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of CC (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, other than through the Third-Party Applications, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of CC (“CC Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of CC. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the CC Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of CC Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Notwithstanding anything in this Section to the contrary, any charity that earns CC’s “Star” rating (the “Rating”) may use CC’s logo and rating stars (the “CC Rating”) for so long as the CC Rating Charity holds the rating.
6. USER SUBMISSIONS; LICENSES
As noted above, the Services provide Visitors and Registered Users the ability to post and upload user content (“User Content”). You expressly acknowledge and agree that once you permit your User Content to be viewed by others, it will be accessible and viewable by them.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us a non-exclusive, royalty-free, perpetual, transferable, sublicensable license to modify, compile, combine with other content and data, copy, record, synchronize, format, and index your User Content and display, perform, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the Platform.
If you submit User Content to us, each such submission constitutes a representation and warranty to CC that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use by CC does not and will not violate our community guidelines.
7. COMMUNICATIONS WITH US
Although we encourage you to contact us, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any payment or obligation to you.
8. NO WARRANTIES; LIMITATION OF LIABILITY
To the extent permitted at law, we do not accept any responsibility for any statement in the material. You must not rely on any statement we have published on CC without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).
You can access other sites via links from CC. These sites are not under our control and we are not responsible in any way for any of their contents.
You will see material submitted by third parties on the Platform. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
9. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
- You hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Services any User Content that violates our community guidelines set forth above.
- You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Content, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.