Effective Date: February 26, 2020
Last Updated: July 1, 2020
This Platform is intended for and applicable only for residents of the United States, age eighteen (18) or older. If you are from another jurisdiction or under eighteen (18) years of age, you may not use this Platform. By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information available on this Platform, and/or submitting information to TS or any Page Creator or Political Committee, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law.
From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. TS may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that TS will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Content on this Platform that is provided by TS or its licensors (including, but not limited to Page Creators and Political Committees), including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“TS Content”) is the property of TS or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any TS Content located on the Platform for use in any publications, in public performances, on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of TS, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits TS and/or its licensors, that dilutes the strength of TS’s or its licensors’ property, or that otherwise infringes TS’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any TS Content that appears on this Platform.
You understand that certain offers, services and features that may be available on the Platform may be subject to additional specific terms and conditions. This may include, but is not limited to, provision of products, contests and sweepstakes, or other promotions. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.
Use of the Platform and Posting Policy
The following requirements apply to your use of the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by TS in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Platform you may be able to submit photos, written posts, designs, logos, drawings and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by TS or its relevant contracting parties; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of TS, or misrepresent an affiliation with another person or organization, including but not limited to Page Creators and Political Committees; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Platform or features therein. TS may cancel your account and delete all User Content associated with your account at any time, and without notice, if TS deems that you have violated these Terms, the law, or for any other reason. TS assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to TS and its affiliates, Page Creators, and the Political Committees a non-exclusive, sub-licensable, assignable, worldwide, perpetual, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, distribute (including but not limited to distributing copies thereof),create derivative works, manufacture, have manufactured, offer for sale, sell, license, and commercially exploit such User Content in any and all media now known or hereinafter developed, for any and all purposes, without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all existing ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Collectively, the terms in this section shall constitute the “Posting Policy.”
You agree to indemnify and hold TS, WinRed Inc. (“WinRed”), and their parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (“Indemnified Parties”) harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to TS or this Platform.
Reliance on Information Posted
Neither TS nor WinRed warrants the accuracy, completeness, or usefulness of any information provided on the Platform. TS and WinRed disclaim all liability and responsibility arising from any reliance placed on such information by Page Creators, Political Committees or any other visitor to the Platform, or by anyone who may be informed of any of the Platform’s contents. This Platform includes content provided by third parties, including materials provided by Page Creators, Political Committees, or other Platform users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TS or WinRed. Neither TS nor WinRed reviews material before it is provided on the Platform. Accordingly, neither TS nor WinRed is responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. If the Platform requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with TS; that you will only submit information about yourself; and that you will otherwise comply with these Terms, including the Posting Policy section of this Agreement. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the TS Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify TS immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform. Neither WinRed nor TS is liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Neither WinRed nor TS shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.
You understand that you have no ownership rights in your account or other access to the Platform or features therein. TS may terminate your access to the Platform, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to TS, at any time, and without notice, for any reason or no reason, including if TS deems that you have violated these Terms, the law, or for any other reason or no reason. Neither TS nor WinRed assumes any liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
Transactions and Product Availability
Through the Platform, you may be able to make Contributions to Political Committees. In certain circumstances, you may also be eligible to receive certain products made available by Page Creators and/or Political Committees.
In certain circumstances, you may be eligible to receive certain products in connection with your Contribution (collectively “Products”). All descriptions, images, features, specifications, and Contribution amounts associated with the Products are subject to change at any time without notice. The inclusion of any Products on the Platform does not imply or warrant that these Products will be available. TS reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or refuse to provide you with the opportunity to obtain any Product. You agree to pay all charges incurred by you, on your behalf, or by your account through the Platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
Page Creators and Political Committees, as applicable, are solely responsible for the resolution of disputes for all transactions made on or through the Platform. Neither TS nor WinRed has any control over and neither shall be responsible in any way for: (a) the existence, quality, shipping, fulfillment, safety, legality of Products made available on or through the Platform and Contributions made or solicited on the Platform; (b) the truth or accuracy of any Page Creator or Political Committee’s contents or listings; (c) the ability of Page Creators or Political Committees to deliver Products, or deliver on promises made related to the Contributions; or (d) your ability to pay for the transactions.
ANY OPPORTUNITIES TO MAKE CONTRIBUTIONS OR REQUEST OR RECEIVE PRODUCTS DESCRIBED ON THE PLATFORM ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED AND TO INDIVIDUALS OR ENTITIES THAT MAY LAWFULLY MAKE CONTRIBUTIONS OR REQUEST OR RECEIVE PRODUCTS ACCORDING TO THE APPLICABLE RULES OF THE JURISDICTION. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you make your Contribution. You further understand and agree that the transaction for the Contribution is final and complete at the time you are charged. Once a transaction is completed on the Platform, changes cannot be made to the transaction. After you have submitted your Contribution on the Platform, or you have otherwise directed TS to begin processing your Contribution by means designated by TS and communicated to you in TS’s sole discretion, you may not cancel your transaction. TS may restrict transactions placed by or under the same customer account, the same credit card and/or transactions that use the same billing and/or shipping address.
Despite TS’s best efforts, occasional transaction amount errors may occur on the Platform. Access to the Platform does not constitute the right to make a Contribution or become eligible for any Products. Neither TS nor WinRed is responsible for typographical, transaction amount or other errors. TS reserves the right to revise transaction amounts and other errors and to cancel any Contribution or Product request you have placed if there was an error concerning the Contribution amount or availability of any Product you requested when you made your Contribution or purchased a Product, even if you have received a confirmation. If your credit card has already been charged for the transaction and your transaction is cancelled by TS, TS will arrange for a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. TS reserves the right to limit quantities of Products requested.
TS will use commercially reasonable efforts to accommodate requests for refunds in many situations, but all contributions made on the Platform are final, and neither TS nor WinRed is under any obligation to issue a refund unless required by law.
All refunds issued by TS are credited back to the original source of payment. In cases where that is not possible, TS will use commercially reasonable efforts to connect you, as contributor of the Contribution, with the ultimate recipient of the Contribution, to allow you to request a refund directly.
Upcoming Contributions may be canceled as provided herein. Once a contribution has been processed, TS is not obligated to refund the Contribution unless required by law.
If you make a Contribution and receive a Product in connection with such Contribution, the Product may not be returned or exchanged, as the related Contribution is considered final. If the Product is damaged or the incorrect item was shipped, please contact TS and we will be happy to assist in obtaining a remedy.
It is important to note that all refund requests are subject to the availability of the funds and the ultimate, complete discretion of TS. TS can only refund a contribution if it still has the funds in its possession, or if it can recover or access the funds from the recipient of the Contribution. For this reason, it is imperative that refunds be requested immediately. Unless required by law, it is impossible for TS to offer any refunds for a Contribution that was made more than sixty (60) days prior to the date of the refund request.
If you file a dispute with a bank or credit card company regarding a Contribution made on the Platform, the related funds may be “frozen,” and no refunds will be made until the bank or credit card company completes its process and resolves the dispute.
Representations, and Limitations of Liability
Neither TS nor WinRed makes any representations about the reliability of the features of this Platform, the TS Content, User Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Neither TS nor WinRed makes any representations regarding the amount of time that any TS Content or User Content will be preserved.
Neither TS nor WinRed endorses, verifies, evaluates or guarantees any information provided by users or other third parties and nothing shall be considered as an endorsement, verification or guarantee of any User Content or any other third party content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any websites which contain or suggest an endorsement by TS or WinRed without the prior review and written approval of TS or WinRed, as applicable.
THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR QUIET ENJOYMENT, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR WINRED OR THE AFFILIATES OR AGENTS OF EITHER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL WE OR WINRED OR THE AFFILIATES OR AGENTS OF EITHER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WE OR OUR AFFILIATES OR AGENTS OR WINRED OR THE AFFILIATES OR AGENTS OF EITHER BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Third Party Websites
Linking to the Platform
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or on the part of a third party without our express written consent, or such third party’s written consent, as applicable. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Notwithstanding the foregoing, neither TS nor WinRed approves or endorses any Page Creator or Political Committee. In our discretion, we reserve the right to withdraw linking permission without notice.
Both you and TS acknowledge and agree that no partnership is formed and neither of you nor TS has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New Castle County, Delaware. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of TS to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TS, shall not be deemed a breach of these Terms.
If TS fails to act with respect to your breach or anyone else’s breach on any occasion, TS is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and TS, and is accepted by you upon your use of the Platform or your account. These Terms constitute the entire agreement between you and TS regarding the use of the Platform and your account. By using the Platform, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. You acknowledge and agree that WinRed and the Indemnified Parties are intended third-party beneficiaries of these terms.