SITE TERMS AND CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of this website (collectively, the “Site”). The Site is made available by The ONE Campaign and its affiliates (“ONE” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
- Proprietary Rights. As between you and ONE, ONE owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make reasonable number of copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of ONE or the applicable rights holder. You may use certain features and functions of the Site to submit your content and create new works using such content mixed with content available from within the Site (“Created Works”). As a creator, you are granted rights by United States copyright law. We want to respect your creativity and those rights, by asking you for as little as we can to make our project possible while affording ONE the opportunity to stop offensive uses of the ONE elements that may become a part of the Created Work. Respect for our project requires that you give us the right to use the content you submit for our project. In particular, the lawyers require that you expressly grant us the non-exclusive right to use such content in any manner in perpetuity on a gratis basis. We acknowledge your ownership of such submitted content and will only use it as part of a Created Work within the Site, elsewhere as part of the promotion and distribution of the project contemplated by the Site (including by displaying and/or distributing the Created Works in other media such as a newspaper, magazine or billboard) and elsewhere as you may direct in connection with your use of the Site (e.g., Facebook if you elect to post a Created Work there). We also require you to assign us all right, title and interest into the derivative work that constitutes the Created Work so that we may stop uses of the Created Work we reasonably believe to be offensive or otherwise inappropriate. Finally, you grant us permission to use your name, and the likeness of any person identifiable in a Created Work, in each case in connection with any display and/or distribution of any Created Work by or on behalf of ONE.
- Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ONE and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by ONE that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ONE or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. ONE will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or create using the Site’s features or functionality, distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Although ONE may from time to time monitor or review those parts of the Site where users may contribute content, ONE is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You agree that if you include a link from any other Web site to the Site, such link shall open in a new browser window. You agree not to link from any other Web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your Web site at any time upon written notice to you. You agree to defend, indemnify and hold ONE and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions, including the failure of any license or right purported to be granted hereunder to successfully grant all the rights contemplated by such license or right. ONE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ONE’s defense of such claim.
- Third Party Web Sites. You may be able to link from the Site to third party Web sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ONE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL ONE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ONE FOR YOUR USE OF THE SITE.
- Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. ONE reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.
- Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of Washington, D.C., without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court located in Washington, D.C. You agree to submit to the personal and exclusive jurisdiction of the courts located within Washington, D.C. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and us and supersede any other representation, warranty or agreement, written or oral, that concerns the subject matter of these Terms and Conditions.
RESALE OR DISCLOSURE OF INFORMATION TO THIRD PARTIES:
We do not share or otherwise disclose any personal information, including your name, address, or e-mail addresses with other organizations. Only ONE partner organizations' staff and our authorized agents have access to personally identifiable information provided by visitors to our site.
BROWSER INFORMATION COLLECTED ON OUR WEBSITE:
As with any website operator, the ONE partner organizations analyze our website logs to constantly improve the value of our website. We use an external service to provide real-time reporting to us and our authorized agents of browser accesses to our site. This reporting includes page views, unique views, unique visitors, repeat visitors, frequency of visits, and peak-volume traffic periods. We do not use this service to gather, request, record, require, collect or track any Internet users' personally identifiable information.
PERSONALIZATION OF CONTENT:
PRIVACY OF OUR E-MAIL LISTS:
ONE partner organizations maintain several e-mail lists to keep our supporters, the press and policy makers informed about news and events. Individuals who provide optional information may also receive materials in the U.S. mail and/or be contacted by telephone by authorized ONE partner organization representatives. In addition, we do not share the e-mail addresses on our lists with staff outside of ONE partner organizations and their authorized agents. We configure our list server software to refuse to divulge the e-mail addresses of our list subscribers to anyone but authorized ONE partner organization staff and agents. Only ONE partner organization staff and our authorized agents have access to personally identifiable information provided by visitors to our site.
To unsubscribe from ONE email list click here.
Because we care about the safety and privacy of children online, we comply with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation establish United States federal law that protects the privacy of children using the Internet. We do not knowingly contact or collect personal information from children under 13. Our site is not intended to solicit information of any kind from children under 13, and we have designed our site to block our knowing acceptance of information from children under 13 whenever age-related information is requested.
It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the notification, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under
13, please do so by e-mailing us at: firstname.lastname@example.org
We use industry-standard encryption technologies when transferring and receiving financial data from our site. In addition, we have appropriate security
measures in place in our physical facilities to protect against the loss or misuse of information at our site that we have collected from you.
Joinred.com is owned by The Persuaders LLC, which is a State of Delaware, United States, Limited Liability Company ("us", "we" or "(RED)"). (RED) has legal obligations towards you in the way we deal with personal information that we collect from you.
DISCLOSURE AND SHARING OF INFORMATION
We reserve the right to implement programs with partners and other websites in order to improve the service we offer. As part of these programs, these third parties may share information with us. For example, when you click on information in relation to one of our partners, we may ask partners to tell us how you responded to the information we showed.
We may provide information to service providers that help us serve you better. This may include, but is not limited to, the use of third parties to help host our website, send out email updates, remove repetitive information from our user lists, process payments and fulfill orders for merchandise, fraud prevention, or provide search results or links (including sponsored links). These service providers may have access to your personal information for use for a limited time, but we will implement appropriate contractual and technical protections to limit their use of that information to helping us provide the service.
Also, we must reserve the right to use or disclose any information as needed to satisfy any law. (RED) may disclose your personal information as is necessary to: (a) comply with a subpoena, court order or other requests (including civil and criminal matters); (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required or permitted by law. This may include responding to requests from jurisdictions outside of the United States and the United Kingdom if there is a good faith belief that such response is required by law under the local laws in that jurisdiction and is consistent with generally accepted international standards. In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
(RED) is the data controller of your personal information. (RED) is a State of Delaware, United States, Limited Liability Company, whose principle place of business is 675 Avenue of the Americas, 6th Floor, New York, New York 10010, United States.
All personal information supplied by you during the registration process or during a purchase is held securely and is accessible to you. You agree that we may share your personal information with (PRODUCT) RED partners so that they can inform you about new products and services. We reserve the right to share aggregated information with third parties to help improve or promote our website but will do so in such a way that no individual user can be identified or linked to any specific action or information.
This website is a general audience website. (RED) does not knowingly collect personal information from children under the age of thirteen (13), unless we receive verifiable consent from a parent or guardian. If (RED) becomes aware that a child under the age of thirteen (13) has provided us with personal information without the proper consent, that information will be deleted from our databases. Parents who have questions about personal information that may have been submitted by a child under the age of thirteen (13) should e-mail us at email@example.com. We urge parents to regularly monitor and supervise their children's on-line activities.
The security and confidentiality of your information is extremely important to us. We use technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. We may update our security measures from time-to-time to ensure we are using new technology and safety methods, but please keep in mind that despite our best efforts, no security measures are perfect or impenetrable.
You must also protect against unauthorized access to your user name and password to your membership/account and to your computer. Always sign off when completing an order and when finished using a shared computer.
If you would like to access, update or request deletion of your personal information, please contact us at firstname.lastname@example.org
You can also write us at:
675 6th Avenue
New York, NY 10010
Effective Date: January 5, 2010