Last modified: July 1, 2014
The Site is intended for individuals 13 years of age or older. By using or accessing the Site, you represent and warrant that you are at least 13 years of age. If you are not at least 13 years of age or do not agree with the terms of this Agreement, do not use or access the Site.
DF does not and cannot review all materials posted to the Site by its users, and DF is not responsible for any such materials posted by users. DF reserves the right at all times to remove any information or materials, in whole or in part, that in DF’s sole discretion are objectionable or in violation of this Agreement.
DF may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site Content. DF may also impose limits on certain features and services or restrict your access to all or part of the Site without notice or liability.
2. RIGHT TO USE. Subject to the terms and conditions of this Agreement, DF grants you the right to use the Site and the Site Content, in accordance with this Agreement. Please see the Copyright Notice posted on the Site and incorporated by reference herein for information regarding any additional license rights to Site Content. Any rights not expressly granted herein or in the Copyright Notice are reserved by DF and its third party licensors. Notwithstanding the foregoing, DF reserves the right to limit the availability of the Site and the Site Content to any person, group, geographic area or jurisdiction, at any time. If you access the Site from outside the U.S., you do so at your own risk and you are responsible for compliance with any local laws.
The Site Content is protected by copyright as a collective work and compilation under U.S. copyright laws, international conventions, and other copyright laws. The Site Content is only for your personal, noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by DF or the party credited as the provider of the content. If you would like a license to use any Site Content, please contact us for further information. Unauthorized use may violate copyright, trademark, or other laws. You will not remove, deface or obscure any copyright, trademark or other proprietary notices and/or legends of DF or its third party licensors on or incorporated into the Site Content.
Please see the Trademark Policy posted on the Site and incorporated by reference herein for information regarding trademarks, logos and service marks of DF and third parties.
3. CONDUCT. You agree that you will not:
- Use the Site or any Site Content for any unlawful purpose;
- Submit, post or transmit any defamatory, libelous, abusive, harassing, obscene, indecent, threatening or illegal material, or any material that infringes the rights (including the intellectual property rights) of others, to or through the Site;
- Use the Site or any Site Content to send unsolicited mass mailings, email, junk mail, “spam”, chain letters or promotions or advertisements for products or services, or otherwise inappropriate commercial communications;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Forge any TCP/IP packet header or any part of the header information in any email, content/information/data submitted on or through the Site, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information, or other false, fraudulent, inaccurate or misleading information or communications;
- Interfere with, or attempt to interfere with, the access of any Site user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Access, tamper with, or use, without authorization, non-public areas of the Site, DF’s computer systems or the technical delivery systems of DF’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network used for the Site or breach any security or authentication measures for such systems and networks;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content;
- Attempt to access or search the Site or Site Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by DF or other generally available third party web browsers (such as Firefox or Internet Explorer);
- Impersonate or misrepresent your affiliation with any person or entity to DF or on or through the Site; or
- Express or imply that any statement you make is endorsed by us, without our prior written consent.
5. BUSINESS PLANS AND OTHER PROPOSALS. DF does not accept unsolicited business plans or other proposals, and takes no responsibility and assumes no liability if you submit any such business plan or proposal to DF. You acknowledge and agree that DF does not have any confidentiality or other obligations with respect to any such information or materials, regardless of whether such information or materials are marked or identified as confidential or proprietary.
Although DF is not responsible for your content or communications, DF may delete any such content or communications, at any time without notice to you or anyone else. You are solely responsible for any information that you submit or post on the Site. DF retains the right to deny access to anyone who DF believes has violated the terms of this Agreement. DF further reserves the right to investigate and prosecute violations of this Agreement, including those related to intellectual property rights and security issues, to the fullest extent of the law. DF may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
7. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE. DF respects the intellectual property rights of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), DF’s designated agent for notice of alleged copyright infringement appearing on the Site is:
Joe Goldman, President, Democracy Fund, Inc., 1333 New Hampshire Avenue, Suite 730, Washington, DC 20036. Ph: 202.448.4505, Email: firstname.lastname@example.org.
Filing a notice of infringement with DF requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.
9. EXPORT RESTRICTIONS. You acknowledge that the Site and the Site Content may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Site, the Site Content or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
10. INJUNCTIVE RELIEF. You acknowledge that any use of the Site or Site Content contrary to this Agreement may cause irreparable injury to DF and its third party licensors, and under such circumstances DF and its third party licensors will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
11. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND DF, ITS SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DF AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR RELIABILITY OF ANY SITE CONTENT, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR OTHERWISE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS AT YOUR SOLE RISK.
12. INDEMNIFICATION. You agree to indemnify and hold harmless DF and its officers, directors, employees, consultants, agents and third party licensors from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Site, your content, feedback or communications submitted to or through the Site, or your violation of this Agreement.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DF OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY SITE CONTENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF DF OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF DF AND ITS THIRD PARTY LICENSORS EXCEED $50 OR THE AMOUNT ACTUALLY PAID BY YOU TO USE THE SITE (IF ANY), WHICHEVER IS GREATER, AND THIS AMOUNT SHALL BE YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR ANY SITE CONTENT. THE LIABILITY LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT OR THE INVALIDITY OF ANY OTHER PROVISION. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
a. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Delaware, U.S.A., without reference to its conflict of laws provisions. The parties consent to the exclusive jurisdiction and venue of the courts located in and/or serving Washington, D.C.
b. Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.