TERMS AND CONDITIONS

These Terms and Conditions outline the rules and regulations for the use of the website of Donations and Democracy, LLC (“Donations and Democracy”), located at  www.donations-and-democracy.org (the “Website”).

By accessing the Website, you accept the Terms and Conditions of its use. Please do not continue to use www.donations-and-democracy.org  if you do not agree to our Terms and Conditions and other policies.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements between you and Donations and Democracy: "You" refers to you, the person on this Website or otherwise accessing the Donations and Democracy Website, social media and products. "The Company,” “Ourselves," "We," "Our" and "Us," refers to Donations and Democracy. "Party," "Parties," or "Us," refers to both the you and us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable.

Cookies

We employ the use of cookies. By accessing www.donations-and-democracy.org, you agree to use cookies in agreement with the Donations and Democracy Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our Website. 

License

Unless otherwise stated, Donations and Democracy and/or its licensors own the intellectual property rights for all material on www.donations-and-democracy.org. You may link to, republish, redistribute, reproduce, duplicate, copy, remix, adapt, and build upon the content on the Website in any medium or format, so long as you provide attribution to Donations and Democracy. This license allows for noncommercial and commercial use.  

All other intellectual property rights are reserved by Donations and Democracy. 

Donations and Democracy is not responsible for your use of the content on the Website pursuant to this license, and Donations and Democracy specifically disclaims all liability therefor. We may terminate your access or use of www.donations-and-democracy.org immediately and take any other legal action if you violate the provisions of this license.

Indemnification

In no event shall Donations and Democracy be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to the loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise arising out of or in any way connected with (1) the use or inability to use the Website or the briefings, content, materials, or information provided on or through the Website, or (2) any claim attributable to errors, omissions or other inaccuracies in the Website or the briefings, content, materials, or information, on or available through the Website, even if Donations and Democracy or its authorized representatives have been advised of the possibility of such damages. 

You agree to indemnify, defend and hold harmless Donations and Democracy, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. 

DMCA Compliance

Donations and Democracy respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law.

If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a)  A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the copyright interest.

(b)  A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

(c)  Identification of the material that is claimed to be infringing, including information reasonably sufficient to permit us to locate the material.

(d)  Your contact information, including your name, address, telephone number, and email address.

(e)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(f)  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

Name:  Copyright Administrator

Mailing address:  Miller Korzenik Sommers Rayman LLP

1501 Broadway, Suite 2015

New York, New York 10036

(212) 752-9200

www.mksr.law

Please note that we may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Your Privacy

Please read our Privacy Policy at  www.donations-and-democracy.org. That Policy, along with these Terms and Conditions, governs your use of our Website. 

Reservation of Rights

While we generally welcome links to our Website, we reserve the right to request the removal of all inappropriate links or any particular inappropriate link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions at any time. By continuously linking to our Website, you agree to be bound to and follow these Terms and Conditions and any updated terms and conditions.

Removal of Links from our Website

If you find any link on our Website that is objectionable for any reason, you are free to contact us. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

Information on our Website

Donations and Democracy strives to maintain the highest level of accuracy in our reporting. This includes a commitment to correcting errors or clarifying facts that appear in our publications in a timely fashion. 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (1) are subject to the preceding paragraph; and (2) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the Website and the information on the Website are provided free of charge, we will not be liable for any loss or damage of any nature, whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or imputed liability or other theory, arising out of or relating to the use of the Website.

Choice of Law 

These Terms and Conditions and the interpretation of these Terms and Conditions are governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles. By using this Website, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, the use of access thereof, or these Terms and Conditions shall be in the applicable state or federal courts located in New York, New York. You hereby consent and submit to the exclusive and personal jurisdiction and venue of the applicable federal and state courts located in New York, New York for any such legal proceeding. You agree that any cause of action or claim you may have with respect to the Website must be commenced within one year after such claim or cause of action arises or else you agree you have waived any such claim. 

These Terms and Conditions shall be effective as of 16 April 2024.