Effective as of June 23, 2020
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You”, or “User” or with “your”) AND EVERYTOWN FOR GUN SAFETY ACTION FUND (referenced herein as “we,” “us,” or “our”) THAT APPLIES EACH TIME YOU USE A WEBSITE (including but not limited to everytown.org, momsdemandaction.org, gunsensevoter.org and others) OR MOBILE APPLICATION(S) PROVIDED BY US (referenced collectively herein as “Application”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE AVAILABLE INFORMATION, SOFTWARE FUNCTIONALITY, OR MATERIALS PROVIDED THROUGH THE APPLICATION. WE ARE WILLING TO ALLOW THE USE OF THIS APPLICATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS APPLICATION AND ARE INSTRUCTED TO EXIT THIS APPLICATION IMMEDIATELY.
Terms of Service
I. LICENSE GRANT. This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Application conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Application solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that no image is downloaded as a standalone file.
II. RESTRICTIONS. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Application or any of its content or images in any manner not expressly permitted herein or separately (and expressly) in writing by us (including, without limitation, removing, copying, distributing, or using any content or images separate or apart from the Application).
III. USER OBLIGATIONS. By downloading, accessing, or using the Application in order to view any information and materials, register or enter into a transaction with or through us for any reason, or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Application, including, without limitation, when You provide information via an Application registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Application only with the involvement and acceptance of this TOU by their parent or legal guardian and then solely under such parent or legal guardian’s supervision or account. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Application. You also acknowledge and agree that use of the Internet and access to the Application is solely at your own risk. While we have endeavored to create a secure and reliable Application, You should understand that the confidentiality of any communication or material transmitted to/from the Application over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Application. You must make your own determination as to such issues.
IV. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to donations, payment, participation in a program or event, or purchases on or through the Application. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Application, we shall resolve any conflict in good faith in our sole discretion, but the latter terms shall generally control with respect to such donation, payment, or participation.
V. ONLINE PURCHASES; PRODUCT AND PRICING INFORMATION. On occasion, information on this Application may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on or through this Application is inaccurate (including after You have submitted your order).
To the extent Products are offered through this Application, please note that they are offered subject to availability and that product and pricing information is subject to change. Prices for products and services are quoted in US Dollars. We may, from time to time, offer promotions for shipping and other discounts on purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order You place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify You by contacting the email and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through this Application, You warrant and represent that all information You provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by You are authorized, and that You are the legal holder of any credit card or payment account used to enter into any transaction through this Application. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the product purchased by You, (v) You have abused or misused promotions or promotion codes, or (vi) You have otherwise used this Application to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to this Application, and terminate all of its obligations hereunder.
VI. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain areas of the Application may require or involve the submission, use, and dissemination of various personally identifiable information. Please see our Privacy Policy for a summary of our personal identifying information collection and use practices.
VII. USER CONTRIBUTIONS. The Application may provide access to communication and other interactive features and functionality where You can share and exchange information or content on a variety of topics, including events (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the Application You will not upload, post, display, or transmit any of the following: (i) anything which may damage, lessen, or harm the goodwill or reputation of us or our program or services (ii) anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others; (iii) anything which involves the impersonation of any other person or entity; (iv) anything which constitutes junk mail, spam, or unauthorized advertising; or (v) anything which is unlawful. We reserve the right to establish additional practices, parameters, and limits in our sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, we shall not have any obligation to incorporate or utilize any User Contribution(s) that does not correspond to or meet our technical or usage practices, parameters, and limits.
VIII. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), You automatically and hereby grant to us a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the Application, and You hereby waive any claim to the contrary. You represent that You have all necessary rights to make a User Contribution(s) available to us, and You also acknowledge that we have no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
IX. NO PRE-SCREENING OF USER CONTRIBUTIONS. We do not pre-screen or edit every User Contribution(s) prior to display or posting. We therefore encourage all of our users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, we do not endorse, oppose, or edit any opinion or information provided by You or another user (unless separately and expressly provided by us) and do not make any representation with respect to, nor do we endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by You or any other user. Nevertheless, we reserve the right to monitor, delete, access, read, preserve, disclose or take other action with respect to User Contributions (or parts thereof) that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect our rights, property or safety, our users, or the public, or (vi) address any act or omission that we believe in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to us, our services, or our goodwill. If You violate this TOU, we may, in our sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue You a warning, and/or terminate your use of this Application.
X. FEEDBACK. We welcome your feedback and suggestions about our programs or services or with respect to how to improve the Application. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to us, You represent and warrant that You own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for us to use such Feedback in any manner and in any medium.
XI. SMS/MMS POLICY FOR GENERAL UPDATES. We offer an optional text messaging service to supporters, allowing for short communications regarding relevant and timely events, advocacy calls to action, and campaign opportunities. SMS alerts are available on AT&T, Verizon Wireless, Sprint, T-Mobile®, U.S. Cellular®, Nextel, Virgin Mobile, and others. Message frequency varies. We collect mobile phone numbers and consent to send messages when you text message the Providers’ SMS number(s) with a short code (such as 64433), sign up via Website forms, or register at a related event. Message and data rates may apply. For general text message updates from the us, text JOIN to 64433. If you wish to unsubscribe from text messages at any time, simply text message STOP to 64433. Text HELP to 64433 with any questions or concerns. You can re-subscribe at any time by texting JOIN to 64433. Please see our Privacy Policy for a summary of our personal identifying information collection and use practices.
XII. DMCA TAKEDOWN POLICY. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA“). We respect the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by us may contact us through our authorized agent and request that the infringing material be removed or access to it blocked. Our designated “Agent for Notice” of claims of copyright infringement can be reached as follows:
DMCA Agent
Everytown for Gun Safety Action Fund
PO Box 4184, New York, NY 10163
646-324-8250
[email protected]
Proper notification of copyright infringement must be sent to our Agent for Notice (as designated above) and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Application are covered by a single notification, a representative list of such works at that Application;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to us. We will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the User responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide us with a counter-notification that contains the following information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The User‘s name, address, and telephone number, and a statement that the User consents to the jurisdiction of the courts of the State of New York, and that the User will accept service of process from the person who provided the notification above, or an agent of such person.
- Upon receipt of such material, we will restore the material and provide the counter-notification to the party who issued the notification.
XIII. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Application. Accordingly, You expressly acknowledge and agree that we transfer no ownership or intellectual property interest or title in and to the Application to You or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Application, unless otherwise indicated, are owned, controlled, and licensed by us and our successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, we do not grant any other express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Application may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Application is Copyright © 2019-2020 Everytown for Gun Safety Action Fund and/or its licensors. All rights reserved. We also own a copyright in the contents of the Application as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Application. MAYORS AGAINST ILLEGAL GUNS, MOMS DEMAND ACTION FOR GUN SENSE IN AMERICA, STUDENTS DEMAND ACTION, GUN SENSE VOTER, EVERYTOWN FOR GUN SAFETY ACTION FUND and all other names, designs, logos, and icons identifying us and our programs, events, solutions, and services are our proprietary trademarks, and any use of such marks, including, without limitation, as domain names, without our express written permission is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
XIV. LINKS TO OTHER SITES. We may provide links, in our sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Websites. Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party.
XV. DISCLAIMER. THE APPLICATION IS MADE ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE APPLICATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WE ALSO MAKE NO REPRESENTATION OR WARRANTY THAT THIS APPLICATION WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE APPLICATION IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
XVI. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR TOTAL LIABILITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $500 (US), WHICHEVER IS LESS.
XVII. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York.
XVIII. ENFORCING SECURITY ON THE APPLICATION. We wish to keep the Application as a safe and productive resource. You therefore may not use the Application or any of our data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, You have no reasonable expectation of privacy while using the Application because we reserve the right to view, monitor, and/or record activity on the Application. Such recorded activity is subject to review by law enforcement organizations. We will also comply with all court orders or subpoenas involving requests for information. We reserve the right at any time when warranted to suspend or terminate operation of or access to the Application or any portion of the Application.
XIX. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of our proprietary assets, will cause irreparable injury to us, such injury would not be quantifiable in monetary damages, and we would not have an adequate remedy at law. You therefore agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that we post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of this TOU.
XX. TERM AND TERMINATION. This TOU will take effect the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Application, whichever is earliest. We reserve the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny You access to the Application or to any portion thereof in order to protect our name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your affiliation or relationship status with us. You may also terminate this TOU at any time by ceasing to use the Application, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Application will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Application in your possession. The provisions concerning our proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
XXI. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
XXII. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and us as result of this TOU or your utilization of the Application. This TOU and our Privacy Policy represent the entire agreement between You and us with respect to use of the Application, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and us with respect to the Application. You may not assign or transfer any rights under this Agreement without our prior written consent. Please note that we reserve the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or emailing notice thereof to You. In addition, we may add, modify, or delete any aspect, program, or feature of the Application, but we are not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.
