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Terms of Service

Introduction

Welcome to Democracy.com. We’re glad you’re here!

This page explains the terms by which you may use our online and/or mobile services, web site (the “Site”), and software provided on or in connection with the service (collectively the “Service”). You may sometimes be referred to herein as the “User.”

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”), whether or not you are a registered user of our Service. If you browse, donate, collect donations, or take other actions through Democracy.com, you accept these conditions. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on the date of access or use of the Site for all Users. Your use of the Service is also governed by a Privacy Policy, posted separately on the Site. Acceptance of this Agreement constitutes and includes acceptance of the Privacy Policy.

Accuracy

Democracy.com works diligently to ensure that information on the site is as accurate as possible. However, this information is presented without warranty, either express or implied, as to its accuracy, timeliness, or completeness, and is not intended to replace any official versions of that information, where applicable, such as information provided by a candidate or government office.

Democracy.com Intellectual Property

The User agrees and understands that the name Democracy.com and any associated logos and designs are trademarked materials owned by Democracy.com. Users do not have a license to use them for their own purposes and may be liable for such use. Content provided or created by Democracy.com also constitutes copyrighted material. Users do not have permission to copy or use such trademarked or copyrighted material for their own purposes.

Service Rules

Some areas of the Service allow Users to submit, post, display, or otherwise make available certain content, such as profile information, commentary, and other content or information (collectively, “User Content”).

Democracy.com in no way endorses or is responsible for User Content. Democracy.com takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by this Agreement.

You are solely responsible for your interactions with other Democracy.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Democracy.com shall have no liability for your interactions with other Users, or for any User’s action or inaction. You are solely responsible for all activity under your registered account information, including your user identification and password information, and you are obligated to report lost or stolen passwords.

User Content

Some areas of the Service allow Users to post content such as profile information and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is "User Content").

Users agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person, entity, or property; (ii) may create a risk of any other loss or damage to any person, entity, or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Should User Content do so, Democracy.com shall not be liable for such infringement. To the extent that your User Content contains music, you hereby represent that you have the power to grant the license granted below, either because you are the owner of all the copyright rights, including, without limitation, the performance, mechanical, synchronization, and/or master use rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content, or because you have licensed or otherwise procured such rights.

Democracy.com reserves the right, but is not obligated, to reject and/or remove any User Content that it believes, in its sole discretion, violates or may violate any provision hereof. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, U.S. Patent and Trademark Office, the Writer’s Guild of America, or any other rights organization.

You understand and agree that by submitting, posting, displaying, or otherwise making available User Content that you are giving Democracy.com a worldwide right and license to the User Content and all Intellectual Property Rights therein, without cost to Democracy.com, and that such license includes a right to sublicense and transfer such information. You further understand and agree that such User Content is not confidential.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

A. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

B. Your User Content and Democracy.com’s use thereof, as contemplated by this Agreement and the Service, will not violate any law or infringe any rights of any third party, including without limitation, any Intellectual Property Rights and privacy or publicity rights.

C. Democracy.com may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

D. By using the Service, you attest to the best of your knowledge, that all of your User Content and other information that you provide to us is truthful and accurate. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Democracy.com shall not be liable for any damages you allege to incur as a result of User Content.

Compliance with Applicable Laws

Political contributions and activity are potentially governed by campaign finance, tax, lobbying, and other laws. As a candidate or a donor, you may have registration, reporting, and other legal obligations under these laws as a result of your political activity. You may also be required to restrict or limit your political activity because of these laws.

You are entirely responsible for your own compliance with all laws and legal obligations. Democracy.com does not accept any responsibility for ensuring that your activities are in legal compliance. You should not rely on Democracy.com for any information related to your legal compliance, but should instead consult with your legal counsel and/or refer to official government sources.

In particular, note that Democracy.com cannot track candidate and organization ("User") contributions through other mechanisms (e.g. fundraisers, candidates' websites, etc.), and that individuals may create multiple files or use different names in making contributions. In all cases, Users who receive contributions (and not Democracy.com) are responsible for ensuring that the total contributions through multiple mechanisms do not exceed the legal contribution limits in all relevant jurisdictions.

No Warranty

Democracy.com, our subsidiaries, affiliates, officers, directors, employees, and suppliers provide our site and services "as is" and without any warranty or condition, express, implied or statutory. Democracy.com, our subsidiaries, affiliates, officers, directors, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to our services, or the interoperability of our services with any other services, software or hardware, and operation of the site may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Democracy.com makes no representation or warranty as to products or services of third-party advertisers or any other third-party solicitation or “link” that may appear on the site. Democracy.com expressly disclaims any liability that might arise as a result of said advertisers, solicitations, or links.

Liability Limit

In no event shall Democracy.com, our subsidiaries, affiliates, officers, directors, employees, or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising, including negligence). Our liability, and the liability of our subsidiaries, affiliates, officers, directors, employees, or suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) $250.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless Democracy.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including without limitation, reasonable attorneys’ fees, arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Democracy.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Copyright Infringement & Digital Millennium Copyright Act ("DMCA").

Democracy.com does not permit copyright infringing activities or any other infringement of intellectual property rights on the Site. Democracy.com reserves the right to take all appropriate measures to prevent infringing activities on the Site, including without limitation, removing or disabling access to items and/or terminating access to the Site by repeat infringers, i.e. someone who has been notified of infringing activity more than once and/or has had items removed from the Site more than once.

If you are a copyright owner or an agent thereof and believe that any content available on the Democracy.com website infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Administration

Democracy.com’s designated Copyright Agent to receive notifications of claimed infringement is DMCA Administrator, Democracy.com, 411 Lafayette Street, Sixth Floor, New York, NY, 10003, email: info@democracy.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Democracy.com’s user support at info@democracy.com. Failure to comply with all of the requirements of this section may result in the invalidation of your DMCA notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Democracy.com will remove or disable access to an item if properly notified that the item infringes on another's intellectual property rights.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Democracy.com (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above under Copyright Administration). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled;

• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address)

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if the person's address is located outside the United States, for any judicial district in which Democracy.com may be found) and that you will accept service of process from the person (or agent of that person) who provided the Site with notification of the alleged infringement.

If Democracy.com’s Copyright Agent receives a Counter-Notice, a copy will be sent to the original complaining party informing that person that it will replace the removed material or cease disabling it within ten business days. Unless the original complaining party files an action seeking a court order, the removed material will be replaced, or access to it restored, within 14 business days after receipt of the Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Governing Law; Arbitration; and Dispute Resolution

This Agreement shall be governed by the substantive laws of the State of Delaware, without giving effect and without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If there is any claim or dispute between you and Democracy.com that arises in whole or in part from the Service, by using the Service, you agree that any such dispute shall be resolved through binding arbitration in accordance with the Commercial Rules of the American Arbitration Association by a single arbitrator nominated by Democracy.com and acceptable to you. The venue for such arbitration shall be in the Commonwealth of Massachusetts.

However, should such a dispute end up in court, it shall be decided exclusively by a court of competent jurisdiction located in the State of Delaware.

Notification Procedures

Democracy.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Democracy.com in our sole discretion. Democracy.com reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Democracy.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@democracy.com to your email address book to help ensure you receive email notifications from us.

Pricing

Donation Fees due to Democracy.com are 3.9% of the donation for contributions disbursed via direct deposit, and 3.9% of the donation plus an $8.00 processing fee for contributions disbursed via paper checks.

Fee Changes: Democracy.com in our sole discretion may charge a fee, or may change the fees (or associated terms and conditions) charged, for any goods or services provided on the Site, and unless otherwise stated, the changes are immediately effective upon posting on the Site. We may, in our sole discretion, change some or all of our Services at any time.

New Services: In the event we introduce a new service, the fees for that service are effective immediately upon the launch of the service.

Refund Policy

Generally, Democracy.com does not process refunds of political donations made to candidates and organizations. All donations are final and not subject to refund for any reason other than fraudulent activity and/or stolen credit card information.

Democracy.com does, however, accommodate requests for purely technical reasons such as input error (i.e. when a contributor accidentally donates twice or enters the wrong donation amount). Democracy.com will not consider refunds for other reasons such as a change in political opinion, the loss of an election, or the cancellation of an event. Democracy.com reserves the right to refuse a refund request for these and other reasons.

A candidate or organization that has received a contribution through Democracy.com may, at their discretion, choose to return or refund that contribution directly to the donor. If you are a candidate or organization and wish to return or refund a donation, please contact the donor directly to arrange a return or refund using the donor information provided to you by Democracy.com. If you need assistance with this or any other donation matter, please contact user support at info@democracy.com or 800-387-0861.

Our fraud detection systems monitor the site for fraudulent activity using stolen cards. When our software identifies a fraudulent transaction, the contribution will be refunded automatically regardless of whether a refund has been requested.

Before submitting a donation to a campaign through Democracy.com, a contributor must confirm their understanding of our donations policy as described on this page and the donations submit form on the website.

Re-designation of Contributions

In the event that a campaign or committee: (a) fails for 60 days to cash a check from Democracy.com which includes your contribution (after Democracy.com makes repeated attempts to work with the campaign to ensure all checks are cashed), or (b) affirmatively refuses a contribution earmarked through Democracy.com, your contribution will be re-designated as a contribution to Democracy.com. Contributions to social welfare organizations which are similarly not cashed or affirmatively refused will be kept by Democracy.com and used generally to support its social welfare activities.

Entire Agreement; Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Democracy.com in connection with the Service, shall constitute the entire agreement between you and Democracy.com concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Democracy.com’s failure to assert any right or provision under this Agreement on one occasions will not constitute a waiver of such right or provision on any other occasion.

Amendments

Democracy.com reserves the right to amend this Agreement and any Terms of Service at any time by posting the amended terms on the Site. Unless otherwise stated in the amendment, all amended terms shall automatically be effective seven (7) days after they are initially posted on the Site.

User amendments. This Agreement may not be otherwise amended except in an agreement executed by a User and Demoracy.com.

Please contact us with any questions regarding this Agreement at info@democracy.com