Please read this Terms of Service agreement (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you (“you”) and All Out Action Fund, a 501(c)(4) not-for-profit corporation, which supports All Out (“Company,” “we,” or “us”) regarding your use of (including any access to) the online site currently located at https://allout.org (together with any materials and Services (as defined below) available therein), and any successor or other site(s) (the “Site”). This Agreement hereby incorporates by reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
The Site is made available by Company subject to this Agreement.
We may update or make changes to this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement. We may, at any time, temporarily or permanently, in whole or in part, modify or discontinue all or part of the Site (including access to the Site via any third-party links), charge, modify, or waive any fees required to use the Site, or offer opportunities to some or all Site users. You agree that neither the Company nor any of its affiliates, nor any of the Company’s or its affiliates’ respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, “Affiliated Entities”) will be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature, or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
The Site is controlled in or operated from (or both) the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. In choosing to access the Site, including Campaigns (as defined below) available through the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with and ensuring that your Campaigns (if any) comply with all applicable laws, rules, and regulations in doing so. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time.
We provide users with access to certain content and services that are intended to raise public awareness, promote activism, and influence policy and individual behavior on issues of lesbian, gay, bisexual, and transgender equality, which may include: (a) services such as profiles, forums, the ability to create Campaigns and post Submissions (as defined below), registration functionality, RSS feeds of news, tools, photos, video, blogs, reviews, ratings, and links to third-party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages, and other similar content (such content and services, collectively, the “Services”).
Your donations allow us to work towards our mission to help build a world where no person will have to sacrifice family, freedom, safety, or dignity because of who they are or who they love. Once we receive a donation, these funds are allocated to help raise public awareness, promote activism, and influence policy and individual behavior on issues of lesbian, gay, bisexual, and transgender equality. Accordingly, your donations are non-refundable.
While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 20 below. In connection with this Site, you will not:
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
You may be required to register with Company in order to access certain Services or areas of the Site. With respect to any such registration, we may reject or require that you change any user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason.
Your user name and password are for your personal use only and not for use by any other person. You, and not Company, are responsible for maintaining the confidentiality of any password you may use to access the Site and for any use or misuse of your user name or password, and you will promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or Site account. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
We and/or our service providers may make available through the Site platforms or functionality through which you are able to create or sign campaigns or petitions to advocate for lesbian, gay, bisexual, and transgender equality (each, a “Campaign”). You may not, however, without limitation of Section 6, use our campaign platforms to create Campaigns for political campaigning or electioneering purposes or to promote hatred, violence, discrimination, or stereotypes based on race, gender, gender identity, ethnicity, sexuality, or religion. Without limitation of Section 12, Company may elect to review, reject, remove, or modify any Campaign.
We may allow you to post certain information, content, messages, text, images, videos, links, and/or materials in connection with Campaigns or on your profile page (your “Profile”) (each, a “Submission”). Further, we and/or our service providers may make available through the Site interactive services (such as message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, on the Site or a Campaign, among other services) which give you the ability to post Submissions (each, a “Forum”).
Please note that Site visitors (including Campaigners and Campaign Partners) may post Submissions in connection with Campaigns, Profiles, and/or Forums that are inaccurate, misleading, or deceptive. Without limitation of Section 15, Company and its Affiliated Entities neither endorse nor are responsible for (a) any positions taken by or associated with Site visitors or any organizations represented by, affiliated, or associated with Site visitors (including positions taken by Campaigners in their Campaigns, on social media sites, or on other websites) or (b) any opinion, advice, information, or statements posted in connection with Campaigns, Profiles, and/or Forums by Site visitors. The opinions expressed in Campaigns, on Profiles, and/or in Forums reflect solely the opinions of the individuals or organizations who submitted such opinions, and do not necessarily reflect the opinions of Company.
In addition and without limitation to the foregoing, Company and its Affiliated Entities have no control over and are not responsible for any Submissions or other information or materials made available through Campaigns, Profiles, and/or Forums (including errors or omissions in Campaigns, Profiles and/or Forum postings or links, text, images, or videos embedded in Campaigns, Profiles, and/or Forum postings) or results obtained by using any such information or materials. Under no circumstances will Company, the Affiliated Entities, or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, or service providers, be liable for any loss, liability, or damage caused by such information or materials or your reliance on such information or materials.
Company and its Affiliated Entities have no control over, and will have no liability for, any losses, liability, or damages resulting from the use (including republication) or misuse by any third party of information voluntarily submitted or made public through a Campaign, a Profile, a Forum, or any other part of the Site. IF YOU CHOOSE TO SUBMIT OR MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A CAMPAIGN, A PROFILE, A FORUM OR OTHERWISE ON THE SITE, THEN YOU DO SO AT YOUR OWN RISK.
For purposes of clarity, you retain ownership of your Submissions, including information, content, and/or materials protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. However, please note that we need certain rights to your Submissions in order to make them available on the Site or to otherwise provide the Services. As a result, for each Submission, you hereby grant and agree to grant to Company, the Affiliated Entities, and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully paid-up, perpetual, irrevocable right and license, without additional consideration to you or to any third party, to reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, perform and display (publicly or otherwise), and otherwise use, analyze, and exploit such Submission in any media now known or hereafter developed for any purpose in connection with the Site or the Services, including to use your Submission in connection with Company campaigns or advertisements and to publicize your Campaign through any media.
In addition, if you provide us with any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, including any Campaign, are complete and accurate, are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party, and do not infringe, misappropriate, or otherwise violate any intellectual property rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law and under any legal theory.
We may (but have no obligation) to: (a) monitor Submissions and Campaigns; (b) review, alter, remove, or refuse to post or allow to be posted any Submission (including your modifications or updates to Submissions); (c) review, alter, remove, or refuse to create or allow to be created any Campaigns (including your modifications or updates to Campaigns); and (d) disclose any Submissions and/or Campaigns, and the circumstances surrounding their transmission, to any third party in order to operate the Site or provide any Services, to protect Company, its Affiliated Entities, and the Site’s users and visitors, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose.
The information and materials made available through the Site, including the Services, are and will remain the property of Company and its Affiliated Entities, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Company to access and use the Site, you may view any content on the Site which we provide you access solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks, and service marks include “ALL OUT” and any associated logos. All trade names, trademarks, service marks, and logos, whether registered or unregistered, on the Site not owned by Company are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company’s trade names, trademarks, or service marks or logos without the express prior written consent of the owner.
Certain Site functionality and visitors to the Site (including Campaigners and Campaign Partners) may make available access to information, products, services, and other materials or online resources (including the Payment Service Page, Campaign Partner’s Campaign sites, and other websites) made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Company will have the right, at any time, to block links to the Site through technological or other means without prior notice.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY GOODS OR SERVICES (INCLUDING CAMPAIGNS) AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY GOODS OR SERVICES (INCLUDING CAMPAIGNS) AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at [email protected].org with a description of such alteration and its location on the Site.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT OR CAMPAIGN POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, OR FROM ANY PRODUCTS, OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE OR $100.00. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company and its Affiliated Entities, and their respective successors and assigns, from and against liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site; (b) your Submissions; (c) if you are a Campaigner, any of your Campaigns; or (d) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Company may terminate or suspend your use of the Site (including terminating your Campaigns or Campaign Partner’s Campaign sites) at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter and spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials (including any Campaigns), without any obligation to provide any further access to such materials. The Preamble and Sections 2-12 and 14-27 will survive any expiration or termination of this Agreement.
This Agreement is governed by and will be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, the City of New York, New York, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you with limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on that site.
If you have a question or complaint regarding the Site or this Agreement, please send them to us using the form available in the Contact Us section. You may also contact us by writing to 115 5th Avenue, 6th Floor, New York, NY, U.S.A. 10003. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please let us know using the form available at the Contact Us section. You may also contact us by writing to 115 5th Avenue, 6th Floor, New York, NY - 10003. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 - United States, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site (including materials on any Campaigns) infringe your copyright, you (or your agent) may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices will meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Sharifah Taqi as follows: By mail to Sharifah Taqi at All Out Action Fund, Inc, 115 5th Avenue, 6th Floor, New York, NY 11372; or by email to [email protected] Sharifah Taqi’s phone number is 347.201.0985.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed, to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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