Inside Philanthropy Terms of Use and License Agreement

Welcome to Inside Philanthropy. This website — http://www.insidephilanthropy.com — (the "Site") is comprised of various web pages operated by Inside Philanthropy that is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Inside Philanthropy provides free and premium news and information about foundations and major donors, as well as trends in philanthropy. 

Definitions: 

“Authorized Users” are:  

  • For Single User – the account holder is the only person authorized to use the subscription.  

  • For Multi-user – only employees of the subscribing organization who have been authorized by the subscription administrator, limited to the number of users in the purchased subscription package. 

  • For Site License – in addition to one designated administrator,  

    • Any persons affiliated with Licensee. 

    • Full and part time students and/or employees (including faculty, staff, affiliated researchers and independent contractors) of Licensee, regardless of the physical location of such persons, who are authorized by Licensee to access Licensee's Intranet; or,  

    • Walk-ins. Patrons not affiliated with Licensee who are physically present at Licensee's site(s) and are authorized by Licensee to access Licensee's Intranet ("walk-ins").  

“Effective Date” is the date of completion by You of the online registration process and payment to license Inside Philanthropy content. 

“Licensed Materials” is the members-only premium content on the Inside Philanthropy site. 

“Service” is the content, functions, and subscription services related to Inside Philanthropy and its proprietary website, operated and maintained by Inside Philanthropy. 

“Site” or “Website” is http://www.insidephilanthropy.com.

“We,” “Our,” “Us,” “Inside Philanthropy,” or “the Licensor” is Inside Philanthropy, Inc., a California S corporation. 

“You,” “Your” and “Subscriber” refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted, and 

1. Permitted Uses 

Subject to the restrictions outlined below, Inside Philanthropy hereby grants to You a revocable, non-exclusive and non-transferable license to use the Licensed Materials, and the right to provide access to the Licensed Materials for use by Authorized Users through the Service, strictly in accordance with this TOS, to access and use the Service for the following purposes (collectively, "Permitted Uses"):  

For Single User and Multi-User: 

  1. Licensee and Authorized Users shall have the right to use the Service to read articles and other content, and perform searches of the database included in your Subscription..  

  2. Digitally Copy. Licensee and Authorized Users may, as applicable with Your subscription, download and digitally copy a reasonable portion of the Licensed Materials.  

  3. Print Copy. Licensee and Authorized Users may print a reasonable portion of the Licensed Materials.  

  4. Share Copy. Licensee and Authorized Users may reproduce and share a minimal portion of Licensed Materials with non-users within their organizations (e.g., nonprofit board members and staff). Licensee and Authorized Users may also create and post PDFs of select articles with written permission from Inside Philanthropy. 

For Site License Users: 

  1. All rights of single and multi-users, plus: 

  2. Recover Copying Costs. Licensee may charge a reasonable fee to Authorized Users to cover costs of copying or printing portions of Licensed Materials for Authorized Users, provided such copies are of such portions of Licensed Materials.  

  3. Collections of Information. Authorized Users shall be permitted to extract or use information contained in the Licensed Materials database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis. Except for permitted Scholarly Sharing as defined below, under no circumstances may such extracted information be compiled into a new or derivative database, or edited volume, that is made available to any other Authorized User or third party by the Licensee or by any Authorized User.  

  4. Course Packs and Course Reserves (Print and Electronic). Licensee and Authorized Users may use a minimal portion of the Licensed Materials solely in connection with specific courses of instruction offered by Licensee.  

  5. Electronic Links. Licensee may provide an electronic link to the Licensed Materials from Licensee’s Intranet and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users. Licensor staff will assist Licensee upon request in creating such links effectively and directing Licensee as to permissible uses of any Licensor trademark or logo in conjunction with such links.  

  6. Scholarly Sharing. Authorized Users may transmit to a third-party colleague in hard copy or electronically, minimal, insubstantial amounts of the Licensed Materials for personal, non-commercial use, scholarly, educational or scientific research, or non-commercial professional use, which in no case shall allow for sale or re-sale of such materials. In addition, Authorized Users have the right to use, with appropriate credit, figures, tables and brief excerpts from the Licensed Materials in the Authorized User’s own non-commercial scientific, scholarly and educational works.  

All rights not expressly granted in this Agreement are reserved to Inside Philanthropy.

2. Prohibited Uses   

The rights granted in Section 1 above are limited as follows:  

  1. Use. Licensee may not use, copy, adapt, license, transfer, publicly display, transmit, broadcast, or otherwise exploit the Licensed Materials other than as authorized by these Terms of Use without Inside Philathropy’s express prior written consent. 

  2. Unauthorized Use. Licensee shall not knowingly encourage, permit or allow anyone other than Authorized Users to use the Licensed Materials.  

  3. Modification of Licensed Materials. Licensee shall not, and shall reasonably ensure that Authorized Users shall not, modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor. 

  4. No Text and Data Mining. Licensee may NOT use any data mining, robots, or similar data gathering and extraction methods with respect to the Site or any portion thereof. This prohibition expressly applies to data mining or extraction for use in artificial intelligence (“A.I.”), large language models, machine learning, or similar applications without Inside Philanthropy’s express prior written consent.

  5. Removal of Copyright Notice. Licensee may not and shall reasonably ensure that the Authorized Users shall not, remove, obscure or modify any copyright or other notices included in the Licensed Materials. Any stored hard copy or digital copy remains the property of Inside Philanthropy and must retain Inside Philanthropy’s copyright information.  

  6. No Exploitative Use. Subscriber shall not, and shall reasonably ensure that Authorized Users shall not, sell, distribute, loan, lease, bulk reproduce or commercially exploit any of the content included in the Service, or create any derivative work using the content.  

  7. No Transfer. Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of Inside Philanthropy.  

  8. No Excessive Use. Scraping or other technological means of wholesale or material downloading or storing of the Site content is strictly prohibited. 

  9. No attribution. The license rights are limited to the Subscriber and authorized Additional Licensees alone and do not extend to any subsidiary, parent, related or affiliated organizations, or to any third party, except that where the Subscriber is a library or other public institution, Subscriber's rights to use the Service are extended to the patrons of those institutions as well, so long as such use is in accordance with the terms of this Agreement. 

  10. No unlawful use. Licensee shall not use the Licensed Materials, or permit it to be used, in connection with hate, discrimination, harassment, or any other malicious or unlawful activity, or otherwise in any manner that may (in Inside Philanthropy’s sole discretion) be considered harmful to Inside Philanthropy or any third party. 

3. Proprietary Materials  

  1. The Service contains copyrighted material, trademarks, and other proprietary information of Inside Philanthropy (collectively "Proprietary Material"), including, but not limited to, articles, funder profiles, research reports and briefs, graphics, images, code, design, coloring, and layout. This Proprietary Material shall remain the property of Inside Philanthropy.You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.  

  2. Neither Licensee nor its Authorized Users shall have any right, title or interest in the Licensed Materials. Nothing in this Agreement, nor use of the Licensed Materials pursuant to this Agreement, shall cause Licensee or any Authorized User to acquire any right of title or interest in the Licensee Materials. This Terms of Use does not grant Licensee or any Authorized User the right to use any Licensor trademark, service mark, or logo for any purpose whatsoever without the prior written consent of Licensor, in its sole discretion.  

  3. Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.  

4. Access To The Service  

Inside Philanthropy reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Site. Inside Philanthropy further reserves the right to impose registration, password and other security precautions on access to and use of the Site. 

5. Subscription Fees  

  1. The Subscription fees payable for use of the Licensed Materials, as well as any associated terms may be viewed or accessed on the Membership pages of the Site, as well as in the popup windows displayed by our paywall. 

  2. For single and multi-user accounts electing to subscribe to any monthly Subscription plan, which requires credit card billing, or to all account types with an annual or Subscription plan and elect to pay your fee by credit card, you are agreeing to have your credit card charged according to and agree to the respective terms for the plan you select. All accounts will automatically renew, at the then current subscription plan fee, upon the next anniversary date of your subscription. Please note that there is no proration of your Subscription charge if you terminate your Subscription before the end of the Subscription period. 

6. Licensor Performance Obligations  

  1. Availability of Licensed Materials. Upon successful completion of the registration process, Licensor shall make the Licensed Materials available to Licensee. For Single and Multi-User Access accounts, access should generally be available immediately. For Site License Access accounts, it is anticipated that access will be made available within 48 hours of completed payment for a subscription.  

  2. Help Page. Licensor will provide and maintain an up-to-date help page and other appropriate user documentation. 

  3. Member Support. Licensor will offer activation support and will also offer reasonable levels of continuing support, including for research, to assist Licensee in use of the Licensed Materials. Licensor will make its personnel available by phone or email during normal business hours.  

  4. Quality of Service. Licensor shall make every effort to ensure that the Site is online and accessible at all times. In addition, Licensor shall use reasonable efforts to minimize down-time and periodic unavailability of all or some portions of the site due to maintenance of the server(s), the installation or testing of software, the loading of additional Licensed Materials as they become available. Licensor shall have no obligation in relation to downtime related to the failure of equipment or services outside the control of Licensor, including but not limited to public or private telecommunications services or internet nodes or facilities. Licensor shall use reasonable efforts to schedule planned down-time to be performed at a time to minimize inconvenience to both parties. Licensor shall use reasonable efforts to notify Licensee (which may include notice posted on Licensor's website) of all instances of system unavailability that may occur. If the Licensed Materials fail to operate in material conformance with the terms of this Agreement, Licensee shall immediately notify Licensor, and Licensor shall use reasonable efforts to restore access to the Licensed Materials as soon as reasonably practicable. In the event that Licensor fails to repair the nonconformity in a reasonable time, Licensor shall compensate Licensee in an amount that the nonconformity is proportional to the total Licensed Materials and the total Fees owed by Licensee under this Agreement.

7. Licensee Performance Obligations  

  1. Provision of Notice of License Terms to Additional Authorized Users. 

  2. For Multi-User License Accounts. Only companies, organizations or other corporate legal entities may be Subscribers under Multi-User License Plans, and Authorized Users under Multi-User License Plans must be employees, paid consultants, or board members of such entities.  If you are an Authorized User of a Subscription under a Multiple License Plan, all of the rights, obligations and agreements of Subscribers stated in this Terms of Use shall apply equally to you as an Authorized User, except for the obligation to pay the Subscription fees and any other rights, obligations or agreements expressly excepted from application to Authorized User.  

  3. Protection from Unauthorized Use. Reasonable procedures should be implemented to restrict access to the Licensed Materials to only Authorized Users. For Multi-User and Site License accounts, Licensee, through their subscription administrator, shall implement reasonable procedures to restrict access to the Licensed Materials to only Authorized Users, including termination of access when an Authorized User is no longer employed by, enrolled in or otherwise affiliated with Licensee. Furthermore, Licensee shall maintain the confidentiality of any institutional passwords regarding the Licensed Materials provided by Licensor (e.g., for administrative purposes). Licensee has sole responsibility for issuing and managing Authorized User’s access to Licensee's Intranet, and Licensor shall have no obligations whatsoever with regard thereto. Licensee shall instruct Authorized Users to maintain the confidentiality of their passwords for access to the Licensed Materials.  

  4. Cooperation regarding Unauthorized Use. If Licensee or any Authorized User access to or usage appears to be in violation of this Terms of Use, or if Authorized User or Licensee becomes aware of uses of the Licensed Materials or Licensee's procedures that may affect compliance with the terms of this Terms of Use, including without limitation breach of password or other security, such Authorized User or Licensee shall promptly notify the Licensor. In the event Licensee notifies Licensor, or Licensor becomes aware, of any suspected or actual unauthorized use of the Licensed Materials by an Authorized User or by any person or entity using any access codes issued to or by Licensee under this TOS, Authorized User or Licensee shall promptly and fully cooperate with Licensor in the investigation of such unauthorized use of the Licensed Materials of which it is made aware and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. 

8. Term

  1. This Agreement shall commence on the Effective Date, and continue in effect for the term specified in the registration process, unless terminated earlier for cause in accordance with the provisions below.

  2. This Agreement will then renew automatically at its plan level and frequency unless canceled by Licensee. 

9. Terminating Your Subscription

Your account is billed and payable in advance, each month or year, depending on the type of Subscription you have, on the anniversary of your Subscription start date. If you wish to terminate your Subscription, the account administrator must do so by either: 1) turning off auto-renew so that the subscription terminates at the end of the subscription term; or 2: contacting Inside Philanthropy Support, by email. Once you notify us that you wish to terminate your Subscription, Inside Philanthropy will stop billing your account starting with the next monthly, or annual billing cycle. You would be able to continue using the Service through the end of your current Subscription period, and your account would be terminated on that date.

10. Refund Policy

If your account automatically renewed without your knowledge or intention, Inside Philanthropy may issue you a refund, at our discretion.

11. Links to third-party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Inside Philanthropy and Inside Philanthropy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inside Philanthropy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inside Philanthropy of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Inside Philanthropy may share such information and data with any third party with whom Inside Philanthropy has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

12. International Users

The Service is controlled, operated and administered by Inside Philanthropy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Inside Philanthropy Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

13. Indemnification

You agree to indemnify, defend and hold harmless Inside Philanthropy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services (excluding claims that your use of the Site or services, as authorized herein, infringes any third-party intellectual property or other rights), any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Inside Philanthropy reserves the right, at its own cost, to assume the exclusive defense and control (including payment of any judgment or settlement in respect thereof) of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Inside Philanthropy in asserting any available defenses.

14. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INSIDE PHILANTHROPY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

INSIDE PHILANTHROPY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INSIDE PHILANTHROPY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSIDE PHILANTHROPY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSIDE PHILANTHROPY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes to Terms. Inside Philanthropy reserves the right, in its sole discretion, to change the Terms under which Site is offered. The most current version of the Terms will supersede all previous versions except to the extent of any amendments expressly agreed by the parties herein, which shall apply to the updated Terms as well. Inside Philanthropy encourages you to periodically review the Terms to stay informed of our updates.

Accessibility. Inside Philanthropy complies with the current Web Content Accessibility Guidelines (www.w3.org/WAI/guid-tech.html), including supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces. If the Site does not comply with federal Section 508 standards, you may adapt the Site content in order to comply with accessibility standards, and provide the modified versions only to the authorized users who require them because of a condition requiring an accessible version. Inside Philanthropy will promptly respond to and make reasonable efforts to resolve any complaint regarding Site accessibility.

Contact Us

Inside Philanthropy welcomes your questions or comments regarding the Terms:

Inside Philanthropy

837 18th st.

Santa Monica, California 90403

Email Address:  support@insidephilanthropy.com

Effective:  11/14/2023