Last Updated: Monday, April 15, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online offerings (collectively, the “Sites”) provided by Sean Parker for District Five (“SPFDF”, “we,” or “us”). By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at email@example.com.
You consent to our communicating with you about the Site, the campaign, and SPFDF by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and SPFDF.
If you submit any User Content to SPFDF, including through the Site, you grant SPFDF and its independent contractors, service providers, consultants and joint committee members, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site, SPFDF, and the campaign.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Enforcement of this Section 4 is solely at SPFDF’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by SPFDF or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
SPFDF, and our logos, our slogans, and the look and feel of the Site are trademarks of SPFDF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and SPFDF names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about SPFDF or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in SPFDF’s sole discretion. You understand that SPFDF may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify SPFDF’s designated agent as follows:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to SPFDF for certain costs and damages.
We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. SPFDF does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless SPFDF and its independent contractors, service providers, and consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SPFDF does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While SPFDF attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
To the fullest extent permitted by applicable law, SPFDF and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages.
The total liability of SPFDF and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to the greater of \$5.
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of Maryland, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Maryland and the United States, respectively, sitting in Baltimore, Maryland.
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of SPFDF to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Effective Date: Monday, April 15, 2019
We collect the following information when you use the Site:
We collect information you provide directly to us, including your name, contact information, and payment information. We may also collect information as required by the Federal Election Commission.
We may, on occasion, collect information, such as voter file data, from outside sources and combine it with information we collect from you.
We may use the information we collect for purposes including to provide, maintain and improve our Site, solicit volunteers, donations and support, communicate with you about the campaign, respond to your requests, and provide news and information we think will be of interest to you.
We may share information about you with others, including: vendors, volunteers, campaigns, political and other organizations, other participants in a joint fundraising committee, and the Federal Election Commission, as required or permitted by applicable law or legal process.
We store the information we collect on you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate campaign purposes.
The Site may offer social sharing features and other integrated tools, which let you share actions you take on our Site with other media, and vice versa.
SPFDF is directed to U.S. residents and we process and store information in the U.S. If you are located outside the U.S., we and our service providers may transfer your information to, or store or access to your information in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
You may exercise your choices according to the following:
You may opt out of receiving SPFDF promotional emails or text messages by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your use of the Site.
You may update, correct, and delete certain information you provide to us by emailing us at firstname.lastname@example.org. We may retain certain information as required by law or for legitimate campaign purposes and may retain cached or archived copies of information about you for as long as necessary for our business purposes.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies and review your choices regarding behavioral advertising cookies at www.aboutads.info/choices.
You can deactivate promotional and non-promotional push notifications or alerts at any time by changing the notification settings on your mobile device.
If you are a California resident, you may request information about our practices related to disclosing your personal information.
We collect information you provide directly to us. For example, we collect information when you sign up to receive updates, request information, fill out a form, sign a petition, sign up as a volunteer, sign up for an event, participate in a contest or promotion, make a donation or purchase, communicate with us via third party social media sites, request support, send us an email, or otherwise communicate with us. The types of information we may collect include your name, contact information (such as email address, postal address, and phone number), credit card and other payment information (although payment information may be collected directly by a third-party processor), and any other information you choose to provide.
In addition, the Federal Election Commission (FEC) may require us to collect certain personal information from donors. For example, the FEC requires us to collect (and disclose to them) the name, mailing address, occupation, and employer of all individuals whose donations to SPFDF exceed \$200 per election cycle.
When you access or use our Site, we automatically collect information about you, including:
We collect information related to your access to and use of the Site, including the type of browser you use, app version, access times, pages viewed, your IP address, and the webpages you visited before and after navigating to our Site.
We collect information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product details, and date and location of the transaction.
We may derive the approximate location of your device, such as from your IP address.
We and our service providers may also obtain information about you from other sources and combine that with information we collect about you on our Site. For example, we may collect voter file data from state parties and other democratic organizations, from public databases, and from private organizations.
We may use the information we collect to:
We may also share aggregated or de-identified information that cannot reasonably be used by third parties to identify you.
We store the information we collect on you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate campaign purposes, including to meet our legal, regulatory or other compliance obligations.
The Site may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Site with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on your privacy settings for the relevant social media site. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
SPFDF is based in the United States and is directed to U.S. residents. We process and store information in the U.S.. If you are located outside the U.S., we and our service providers may transfer your information to, or store or access to your information in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
You may opt out of receiving promotional emails or text messages from SPFDF by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your use of the Site.
You may update and correct certain information you provide to us by logging emailing us at email@example.com. If you wish to delete information we have collected from you, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate campaign purposes. We may also retain cached or archived copies of information about you for as long as necessary for our business purposes.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Sites.
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at email@example.com.
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how SPFDF responds to “Do Not Track” browser settings. SPFDF does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
We have not sold your personal information in the 12 months preceding the Effective Date of this Policy.
We have not disclosed your personal information for a business purpose in the 12 months preceding the Effective Date of this Policy.
In the future, we may share your personal information with service providers as necessary to perform a campaign business purpose, including fundraising, publicity, sponsorships, ecommerce or other campaign related activities, and in a manner consistent with applicable law. As a non-profit, we are not a “business” subject to the California Consumer Privacy Act (“CCPA”) that goes into effect on January 1, 2020. Our disclosures to services providers will strive to be consistent, however, with the spirit of the CCPA (Cal. Civ. Code Section 1798.135 as of its effective date on January 1, 2020).