Terms And Conditions
- Accepting the terms
- 1. In order to use the GiveToView, you must firstly agree to the
Terms. You may not use the Service if you do not accept the Terms.
2. You can accept the Terms by simply using the Service. You understand and agree that GiveToVIew will treat your use of the Service as acceptance of the Terms from that point onwards.
- General restrictions on use
- GiveToView hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part.
- Copyright policy
- 1. You agree that content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question.
2. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable GiveToView to use your content for the purposes of the provision of the Service by GiveToView, and otherwise to use your content in the manner contemplated by the Service and these Terms.
3. On becoming aware of any potential violation of these Terms, GiveToView reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these Terms and may remove such content and/or terminate a User's access for uploading content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
- 1. You agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for GiveToView to use or possess in connection with the provision of the Service.
2. You understand and acknowledge that in using the Service, you may be exposed to content that is factually inaccurate, offensive or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GiveToView with respect to any such content.
3. You understand and agree that you are solely responsible for your own content and the consequences of posting or publishing it. GiveToView does not endorse any content or any opinion, recommendation, or advice expressed therein, and GiveToView expressly disclaims any and all liability in connection with content.
4. You acknowledge that GiveToView does not act as a site for permanent hosting of content and does not undertake long-term storage of video files. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GiveToView with respect to any such content that is deleted as a result of said policy.
6. GiveToView cannot be held responsible for third parties sharing content without the permission of the Content Creator or any consequences resulting from this eventuality.
- 1. The Service may include links to other web sites that are not owned or controlled by GiveToView. GiveToView has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
2. You acknowledge and agree that GiveToView is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
3. You acknowledge and agree that GiveToView is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Limitation of Liability
- Nothing in these Terms shall exclude or limit GiveToView's liability for losses that may not be lawfully excluded or limited by applicable law.
Subject to this provision GiveToView shall not be liable to you for:
Any indirect or consequential losses that may be incurred by the Content Creator, donor of member charity. This shall include loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, any loss of opportunity or loss of data.
Any accident or injury, either personal or third party, that occurs as a result of creating content.
Any changes which GiveToView may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service).
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service.
Your failure to provide GiveToView with accurate account information.
- The names GiveToView and givetoview.com are trademarked and may not be used in connection with any product or service that is not ours, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit GiveToView. GiveToView retains exclusive right to the use of its name, URL and ‘G’ logo as registered trademarks against similar services, the names, URLs and logos of which could reasonably be confused with ours. Other trademarks, service marks or logos that appear on the site are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use.
- General legal terms
- The Terms constitute the whole legal agreement between you and
GiveToView and govern your use of the Service.
You agree that GiveToView may provide you with notices, including those regarding changes to the Terms, by email or postings on the Service.
You agree that if GiveToView does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GiveToView has the benefit of under any applicable law), this will not be taken to be a formal waiver of GiveToView's rights and that those rights or remedies will still be available to GiveToView.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with GiveToView under the Terms, shall be governed by English law. You and GiveToView agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms.
- User conduct
- You must at all times use the site and its associated services in a
responsible and legal manner.
Please do not upload offensive or inappropriate content. GiveToView reserves the right to remove any content at its discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive or inappropriate. If you receive any such content through the site, please email firstname.lastname@example.org.
It is your responsibility to ensure that the content you upload is not copyright-protected. GiveToView reserves the right to remove any content at its sole discretion and without notice if its copyright status is in any doubt.
In addition, you must not:
Misrepresent your identity or affiliation with any other person or organisation.
Use the site to send junk email or 'spam' to people who do not wish to receive email from you.
Use the site to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters.
Interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GiveToView systems.
Provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.
GiveToView reserves the right to delete your video without notice in the event of a breach of the above rules.
Creating a video in no way implies GiveToView's or the charity's endorsement of your fundraising activity. Please check with the charity that your content does not contravene the charity's policies or principles. GiveToView reserves the right, at its absolute discretion and without notice, to delete your video at the request of the charity, in the event that the charity, in its absolute discretion, deems your fundraising activity inappropriate.
- Pricing & returns
- 1. Whilst its purpose is charitable, GiveToView has indeterminable running costs and does not operate as a charity (and does not have charitable status). In providing a service to member charities, GiveToView charges a 5% fee on all donations made through the site.
2. GiveToView reserves the right to change this fee in the future and, in the event of a change, will correctly inform users of this change on the site and/or via email.
3. Content is not stored permanently on the site. It is stored for a period defined by GiveToView. Therefore, donations to view content do not constitute permanent access to content regardless of the size of the donation. For the same reasons, content uploaded onto the site cannot be used for fundraising over an indefinite period of time and must be uploaded again in order to serve this purpose.
4. Content can be viewed as many times as the viewer wishes so long as they use the same browser and the cache is not cleared. GiveToView is not liable for the inability to repeat view content caused by clearing of cache or change of browser whether intentional, accidental or the result of a technical fault. In addition, GiveToView is not liable for the inability to repeat view content caused by removal of content from the site for whatever reason.
5. The content is currently stored for 30 days from when it is uploaded. This period is subject to change without warning. Content is stored for a limited period in order to reduce running costs and enable the maximum donation to go to charity.
6. The longer after the point in time at which the Content Creator uploads the video, the viewer watches it, the shorter the period the viewer will have to repeat view regardless of the size of their donation.
7. In the event of a technical problem that results in a donation being made to view a video but that video being unable to be viewed, GiveToView will refund the donation if no other course of action is available. Please acknowledge that in the case of large donations this will necessitate retrieving the donation from the recipient Charity and will take a period of time over which GiveToView has no control.
8. In instances where there is a personal relationship between Content Creator and Donor, we respectfully ask, in view of the function of the site, that issues in relation to the above points are resolved between Content Creator and Donor.
- Gift Aid
- 1 . When you donate to a Charity on the site and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme, the Charity to which you are donating will claim Gift Aid on your behalf.
2. GiveToView is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of making a donation to charity. We recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
3. Non-discretionary donations are not eligible for Gift Aid. Mandatory payments in exchange for content are not regarded as gifts by HMRC and are therefore ineligible.