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1.
Privacy Policy: Please
refer to our Privacy Policy for information
on how we collect, use and disclose
personally
identifiable
information from our users.
2.
Copyright and Limited License: Unless
otherwise indicated on the Site, the Site
and all content and other
materials on the Site,
including, without limitation, the SDA’s
logo, and all designs, text, graphics,
pictures, information, data, software,
tools, widgets, sound files, other files and
the selection and arrangement thereof
(collectively, the "Site Materials") are the
proprietary property of the SDA or its
licensors, users and third-party suppliers
and are protected by U.S. and international
copyright laws.
You are granted a limited,
non-sublicensable license to access and use
the Site and the Site Materials for your
informational, non-commercial and personal
use only. Such license is subject to these
Site Terms and does not include: (a) any
resale or commercial use of the Site or the
Site Materials therein; (b) the
reproduction, distribution, public
performance or public display of any Site
Materials, except as expressly permitted on
the Site; (c) modifying or otherwise making
any derivative uses of the Site and the Site
Materials, or any portion thereof; (d) use
of any data mining, robots or similar data
gathering or extraction methods; (e)
downloading (other than the page caching) of
any portion of the Site, the Site Materials
or any information contained therein, except
as expressly permitted on the Sites; or (f)
any use of the Site or the Site Materials
other than for its intended purpose. Any use
of the Site or the Site Materials other than
as specifically authorized herein, without
the prior written permission of the SDA, is
strictly prohibited and will terminate the
license granted herein. Such unauthorized
use may also violate applicable laws
including without limitation copyright and
trademark laws and applicable communications
regulations and statutes. Unless explicitly
stated herein, nothing in these Site Terms
shall be construed as conferring any license
to intellectual property rights, whether by
estoppel, implication or otherwise. This
license is revocable at any time.
3.
Copyright Complaints: If
you believe that anything on the Site
infringes upon any copyright which you own
or control you may file a notification of
such infringement with our Designated Agent
as set forth below.
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Agent
Designated to Receive Notification
of Claimed Infringement: Richard
Adams. |
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Designated Agent to Which
Notification Should be Sent:
P.O. Box 87222, Tucson, Arizona,
85754 |
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Telephone Number of Designated
Agent:
[520]
481-4118 |
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E-Mail Address of
Designated Agent:
dmca@stonewalldemsaz.org |
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Please see 17 U.S.C.
§512(c)(3) for the requirements of a proper
notification. You should note that if you
knowingly misrepresent in your notification
that the material or activity is infringing,
you will be liable for any damages,
including costs and attorneys' fees,
incurred by us or the alleged infringer as
the result of our relying upon such
misrepresentation in removing or disabling
access to the material or activity claimed
to be infringing.
4.
Trademarks: All
logos and slogans contained on the Site are
trademarks of the SDA, its suppliers or
licensors, or
other third parties and may
not be copied, imitated or used, in whole or
in part, without the prior written
permission of the SDA or the applicable
trademark holder. You may not use any
metatags or any other "hidden text"
utilizing "SDA" or any other name, trademark
or product or service name of the SDA
without our prior written permission. In
addition, the look and feel of the Site,
including all page headers, custom graphics,
button icons and scripts, is the service
mark, trademark and/or trade dress of the
SDA 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
company names or logos mentioned in the
Sites 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
thereof by us.
5.
Hyperlinks: You
may not use a SDA logo or other proprietary
graphic of the SDA to link to this Site
without the
express written permission of
the SDA. Further, you may not use, frame or
utilize framing techniques to enclose any
SDA trademark, logo or other proprietary
information, including the images found on
the Site, the content of any text or the
layout/design of any page or form contained
on a page on the Site without SDA’s express
written consent. Except as noted above, you
are not conveyed any right or license by
implication, estoppel or otherwise in or
under any patent, trademark, copyright or
proprietary right of the SDA or any third
party.
The SDA makes no claim or
representation regarding, and accepts no
responsibility for, the quality, content,
nature or reliability of third-party Web
sites accessible by hyperlink from the Site,
or Web sites linking to the Site. Such sites
are not under the control of the SDA and the
SDA is not responsible for the contents of
any linked site or any link contained in a
linked site, or any review, changes or
updates to such sites. The SDA provides
these links to you only as a convenience,
and the inclusion of any link does not imply
affiliation, endorsement or adoption by the
SDA of any site or any information contained
therein. When you leave the Site, you should
be aware that our terms and policies no
longer govern. You should review the
applicable terms and policies, including
privacy and data gathering practices, of any
site to which you navigate from the Site.
6.
Third Party Content: We
may make third party information and other
content available on or through the Site
(the "Third Party Content") as a service to
those interested in this information and we
may provide information regarding or access
to third party products or services
available on or through the Site (“Third
Party Products and Services”). Your business
dealings or correspondence with such third
parties, and any terms, conditions,
warranties or representations associated
therewith, are solely between you and such
third party. The SDA does not control,
endorse or adopt any Third Party Content or
Third Party Products, and makes no
representation or warranties of any kind
regarding the Third Party Content, including
without limitation regarding its accuracy or
completeness. You acknowledge and agree that
the SDA is not responsible or liable in any
manner for any Third Party Content and
undertakes no responsibility to update or
review any Third Party Content. Users use
such Third Party Content contained therein
at their own risk.
Advertisements and
Promotions; Third-Party Products and
Services Company may run advertisements and
promotions from third parties on the Site or
may otherwise provide information about or
links to third-party organizations, products
or services on the Site. Your dealings or
correspondence with, or participation in
promotions of, such third parties, and any
terms, conditions, warranties or
representations associated with such
dealings or promotions, are solely between
you and such third party. SDA is not
responsible or liable for any loss or damage
of any sort incurred as the result of any
such dealings or promotions or as the result
of the presence of such non-Company
advertisers or third party information on
the Site.
7.
Submissions: You
acknowledge and agree that any feedback,
questions, comments, suggestions, ideas, or
other
information or materials
regarding the Site or the SDA that are
provided by you in the form of email or
other submissions to the SDA, or any
postings on the Sites, are non-confidential
and shall become the sole property of the
SDA. The SDA shall own exclusive rights,
including all intellectual property rights,
and shall be entitled to the unrestricted
use and dissemination of these materials for
any purpose without acknowledgment or
compensation to you.
8.
User Content and
Interactive Services or Areas: This
Site may include interactive areas or
services (“Interactive
Areas”), such as forums,
blogs, chat rooms or message boards, or
other areas or services in which you or
other users may create, post, share or store
content, messages, materials, data,
information, text, graphics, audio, video,
or other items or materials on the Sites
("User Content"). You are solely responsible
for your use of such Interactive Areas and
use them at your own risk. By using any
Interactive Areas, you agree not to post,
upload to, transmit, distribute, store,
create or otherwise publish through the
Sites any of the following:
-
User
Content that is unlawful, libelous,
defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or
publicity rights, abusive, inflammatory,
fraudulent, deceptive or misleading;
-
User
Content that would constitute, encourage
or provide instructions for a criminal
offense, violate the rights of any
party, or that would otherwise create
liability or violate any local, state,
national or international law.
-
User
Content that may infringe any patent,
trademark, trade secret, copyright or
other intellectual or proprietary right
of any party.
-
User
Content that impersonates any person or
entity or otherwise misrepresents your
affiliation with a person or entity;
-
Unsolicited promotions, political
campaigning, advertising or
solicitations;
-
Private
information of any third party,
including, without limitation,
addresses, phone numbers, email
addresses, Social Security numbers and
credit card numbers;
-
Viruses,
corrupted data or other harmful,
disruptive or destructive files; and
-
User
Content which violates the terms of any
SDA guidelines, policies or rules posted
on the Site or otherwise provided to
you; and
-
User
Content that, in the sole judgment of
the SDA, is objectionable or which
restricts or inhibits any other person
from using or enjoying the Interactive
Areas or the Site, or which may expose
the SDA or its users to any harm or
liability of any type.
The SDA takes no
responsibility and assumes no liability for
any User Content posted, stored or uploaded
by you or any third party, or for any loss
or damage thereto, nor is the SDA liable for
any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity,
pornography or profanity you may encounter.
Your use of Interactive Areas is at your own
risk. Enforcement of the user content or
conduct rules set forth in these Site Terms
is solely at the SDA’s discretion, and
failure to enforce such rules in some
instances does not constitute a waiver of
our right to enforce such rules in other
instances. In addition, these rules do 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. As a provider of interactive
services, the SDA is not liable for any
statements, representations or User Content
provided by its users in any public forum,
blog or other Interactive Area. Although the
SDA has no obligation to do so, it reserves
the right, and has absolute discretion, to
remove, screen or edit any User Content
posted or stored on the Site at any time and
for any reason without notice, and you are
solely responsible for creating backup
copies of and replacing any User Content you
post or store on the Site at your sole cost
and expense. Any use of the Interactive
Areas or other portions of the Site in
violation of the foregoing violates these
Site Terms and may result in, among other
things, termination or suspension of your
rights to use the Interactive Areas and/or
the Site.
Except as otherwise provided,
you retain ownership of all User Content you
post on the Sites. However, if you post User
Content to the Sites, unless we indicate
otherwise, you grant the SDA and its
affiliates a nonexclusive, royalty-free,
perpetual, irrevocable and fully
sublicensable right to use, reproduce,
modify, adapt, publish, translate, create
derivative works from, distribute, perform
and display such User Content throughout the
world in any manner or media, including
without limitation in advertising,
fundraising and other communications in
support of the SDA and the principles of the
Democratic party, without any right of
compensation or attribution . You grant the
SDA and its affiliates and sublicensees the
right to use the name that you submit in
connection with such content, if they
choose. You represent and warrant that (a)
you own and control all of the rights to the
User Content that you post or you otherwise
have the right to post such User Content to
the Sites; (b) the User Content is accurate
and not misleading; and (c) use and posting
of the User Content you supply does not
violate these Site Terms and will not
violate any rights of or cause injury to any
person or entity.
9.
Registration
Data; Account Security: In
consideration of your use of the Site, you
agree to (a) provide accurate,
current and complete
information about you as may be prompted by
any registration forms on the Site
("Registration Data"); (b) maintain the
security of your password and
identification; (c) maintain and promptly
update the Registration Data, and any other
information you provide to the SDA or it's
partners, to keep it accurate, current and
complete; and (d) accept all risks of
unauthorized access to the Registration Data
and any other information you provide to the
SDA.
10.
Indemnification: You
agree to defend, indemnify and hold harmless
the SDA, its independent contractors,
service
providers and consultants,
and their respective directors, employees
and agents, from and against any claims,
damages, costs, liabilities and expenses
(including, but not limited to, reasonable
attorneys' fees) arising out of or related
to any User Content you post, store or
otherwise transmit on or through the Sites,
your use of the Interactive Areas, or any
act or omission relating to the Site or the
User Content, including without limitation
any actual or threatened suit, demand or
claim made against the SDA and/or its
independent contractors, service providers,
employees, directors or consultants, arising
out of or relating to the User Content, your
conduct, your violation of these Site Terms
or your violation of the rights of any third
party.
11.
Disclaimer: EXCEPT
AS EXPRESSLY PROVIDED TO THE CONTRARY IN A
WRITING BY THE SDA, THE
SITE, THE SITE MATERIALS
CONTAINED THEREIN AND THE SERVICES PROVIDED
ON OR IN CONNECTION THEREWITH (THE
"SERVICES") ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. THE DNC DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AND AS TO ACCURACY OR
RELIABILITY OF THE INFORMATION, CONTENT,
FORMS OR OTHER SITE MATERIALS ACCESSED
THROUGH THE SITE. THE SDA DOES NOT REPRESENT
OR WARRANT THAT THE SITES, THE SITE
MATERIALS OR THE SERVICES ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
THE SDA IS NOT RESPONSIBLE
FOR TYPOGRAPHICAL ERRORS OR OMISSIONS,
INCLUDING THOSE RELATING TO PRICING, TEXT OR
PHOTOGRAPHY. WHILE THE SDA ATTEMPTS TO MAKE
YOUR ACCESS AND USE OF THE SITES AND
SERVICES SAFE, THE SDA CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THE SITES, THE
SITE MATERIALS OR THE SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS;
THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE SDA IS ALSO NOT
RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY
THIRD PARTY ACTIVITIES OR EVENTS LISTED ON
THE SITES OR FOR THE CONDUCT OF ANY EVENT OR
ACTIVITY ORGANIZERS OF OTHER USERS OF THE
SITE.
LISTED PRICES FOR MERCHANDISE
INCLUDE APPLICABLE SALES/USE TAX (WHERE
APPLICABLE).
The SDA reserves the right to
change any and all content contained in the
Site and any Services offered through the
Site at any time without notice. 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 thereof, or any
affiliation therewith, by Company.
12.
Limitation of
Liability: IN
NO EVENT SHALL THE SDA OR OUR EMPLOYEES,
AGENTS OR VOLUNTEERS
BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO 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 THE USE
OF OR INABILITY TO USE THE SITE, THE
SERVICES, THE CONTENT OR THE SITE MATERIALS
CONTAINED IN OR ACCESSED THROUGH THE SITE,
INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY USER
ON ANY INFORMATION OBTAINED FROM THE SDA, OR
THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM
ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO THE
SDA'S RECORDS, PROGRAMS OR SERVICES. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF THE
SDA, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, ARISING
OUT OF OR RELATING TO THE USE OF OR
INABILITY TO USE THE SITES OR THE SITE
MATERIALS EXCEED ANY COMPENSATION YOU PAY,
IF ANY, TO THE SDA FOR ACCESS TO OR USE OF
THE SITE.
CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OF LIMITATION OF CERTAIN
DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
13.
Applicable Law
and Venue: These
Site Terms and your use of the Site shall be
governed by and construed in
accordance with the laws of
the State of Arizona applicable to
agreements made and to be entirely performed
within the State of Arizona, without resort
to its conflict of law provisions. You agree
that any action at law or in equity arising
out of or relating to these Site Terms shall
be filed only in the state and federal
courts located in the State of Arizona and
you hereby irrevocably and unconditionally
consent and submit to the exclusive
jurisdiction of such courts over any suit,
action or proceeding arising out of these
Site Terms.
14.
Termination: Notwithstanding
any of these Site Terms, the SDA reserves
the right, without notice and in its sole
discretion, to terminate your license to use
the Site, and to block or prevent your
future access to and use of the Site.
15.
Severability: If
any provision of these Site Terms shall be
deemed unlawful, void or for any reason
unenforceable, then that provision shall be
deemed severable from these Site Terms and
shall not affect the validity and
enforceability of any remaining provisions.
16.
Questions &
Contact Information: Questions
or comments about the Site may be directed
to Stonewall
Democrats of Arizona at the email address stonewalldemsaz@gmail.com. |
