Applicable to Political Committees and Page Creators
Last Updated: 10/05/2020
You understand and agree that your access to this Platform is solely for the purpose of facilitating financial contributions (“Contributions”) through the Platform to Political Committees, and if you are a Political Committee, you accept responsibility for any Contributions made to you by visitors to the Platform (“Platform Users”).
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 CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU AGREE TO THESE TERMS. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND ANY ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THESE TERMS AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE PLATFORM OR SERVICES.
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. You agree that you do not have any rights in this Platform.
For avoidance of doubt, nothing in these Terms is intended to, or shall be interpreted to, grant any rights in our database, products, or any intellectual property rights therein to you, and we shall have and retain all such intellectual property rights.
You acknowledge and agree that each of you, TS and TS’s contracting parties are subject to a variety of laws and internal and external policies that may impact your ability to use the Platform. TS may suspend, restrict or terminate any account or user from access to or use of the Platform for any reason.
Your Personal Information
Content on this Platform that is provided by TS or its licensors, including, but not limited to, 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 and 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, in any other manner that is likely to cause confusion among Platform Users, that disparages or discredits any TS Indemnified Party, that dilutes the strength of the property of a TS Indemnified Party, or that otherwise infringes the intellectual property rights of a TS Indemnified Party. You further agree to in no other way misuse any TS Content or third party content that appears on this Platform.
Use of the Platform and Posting Policy
You represent and warrant that your use of the Platform is not, and will not in any circumstances be, for personal, family, or household purposes. You acknowledge and agree that use of the Platform for personal, family or household purposes is expressly prohibited.
From time to time on certain areas of our Platform you may be able to submit photos, written posts and certain other materials (“Posted Content”). You acknowledge and agree that no TS Indemnified Party is an information content provider with respect to any Posted Content, and you are the provider of such Posted Content and are responsible for such 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; 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 in violation of any applicable law, including without limitation, the personnel of TS, or misrepresent an affiliation with another person or organization; and 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 features offered through or in connection with the Platform. You further understand and agree that you have no ownership rights to any account you may have with us. TS may terminate your ability to use or access the Platform in the event of any violation of these Terms or the law. You are responsible for obtaining all necessary consents and permissions to allow for the placement of Posted Content on the Platform. By displaying, publishing, or otherwise posting any Posted Content on or through the Platform, you hereby grant to TS a non-exclusive, fully-paid, royalty free license to use, modify, publicly display, reproduce, and distribute such Posted Content for the purposes of facilitating contributions for the applicable Political Committee, without the requirement to make payment to you or to any third party or the need to seek any third party permission. TS does not seek to obtain ownership rights in your Posted Content. You represent and warrant that you have the right to use 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.
If you are a Page Creator, you represent and warrant that: (i) your Posted Content and your use of the Platform does not constitute a “coordinated communication” as that term is defined in 11 CFR 109.21 and that you shall not engage in any conduct or create any content that could be interpreted to be such a “coordinated communication”; (ii) you are not a federally-registered lobbyist.
You agree to indemnify and hold all TS Indemnified Parties harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.
TS does not undertake to control or monitor content or to otherwise ensure that all content on the Platform complies with these terms. You acknowledge and agree that Political Committees and others may request the removal of content in violation of these terms, and that your use of the Platform may be suspended or discontinued in the event of any actual or alleged violation of these terms. You further acknowledge that a Political Committee may at any time prevent, terminate or discontinue the acceptance of contributions to such Political Committee, and may also cause any link allowing for contribution to such Political Committee to be discontinued. In such event, TS shall have the right to remove, suspend or terminate any page containing any such link.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
Reliance on Information Posted
TS does not warrant the truth, accuracy, completeness, or usefulness of any information, content, or listings provided on the Platform. We disclaim all liability and responsibility arising from any reliance placed on such information by you 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. We do not undertake to review material before it is provided on the Platform. Accordingly, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by you or 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 offered through or in connection with 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 or the entity that you represent or on whose behalf you are creating a page; 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 third party to use your account or to access restricted or protected content or features available through or in connection with the 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 method, 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, except as required to enable services of Third Party Providers. TS is not 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. 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. No TS Indemnified Party 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.
Except as otherwise may be expressly provided in a written instrument executed by TS and referencing this Section, TS makes no representations about the reliability of the features of this Platform, the Content, Posted 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. TS makes no representations regarding the amount of time that any Content or Posted Content will be preserved.
TS does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Posted 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 sites which contain or suggest an endorsement by TS without the prior review and written approval of TS.
EXCEPT AS OTHERWISE MAY BE EXPRESSLY PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, 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.
TS Limitation of Liability
EXCEPT AS OTHERWISE MAY BE EXPRESSLY PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY TS INDEMNIFIED PARTY BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM; OR (2) ANY DAMAGES IN EXCESS OF THE FEES RECEIVED BY TS IN RESPECT OF THE TRANSACTION GIVING RISE TO LIABILITY.
NO TS INDEMNIFIED PARTY SHALL 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 ITS 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 ANY TS INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF IT HAS 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 TS’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Linking to the Platform
You may link to the Platform, provided you do so in a way that is fair and legal and does not damage or take advantage of the rights or reputation of TS or any third party, but you must not establish a link in such a way as to suggest any form of approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Notwithstanding the foregoing, TS does not approve or endorse Page Creators or any 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. EXCEPT AS PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, 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, epidemic or pandemic, 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, together with any written instrument executed by TS and referenced herein, 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. Each TS Indemnified Party shall be deemed an intended third party beneficiary of the terms contained herein and applicable to such parties, and that each such party shall be entitled to enforce the terms set forth herein for its own benefit.