Effective Date: May 9, 2016
Welcome to Click My Cause, brought to you by Click My Cause, Inc. (“we”, “us” or “our”). Our services, which include our website, clickmycause.com (our “Site”), and our mobile application (our “App”), are designed to empower you to easily and quickly send timely messages to elected officials when issues you care about are up for a vote.
Please read these Terms of Service (these “Terms”) carefully and in their entirety. They set forth the legally binding terms and conditions that govern your use of our Site and our App. You acknowledge that by visiting our Site or downloading our App you are accepting and consenting to be bound by these Terms. If you do not agree with all of the provisions of these Terms, do not visit our Site or download our App, or delete our App from your mobile device if you have already downloaded it.
YOUR USE OF OUR SITE AND OUR APP
Subject only to the express license we grant you in these Terms, we own and retain all right, title and interests in and to all of the content contained on our Site and in our App, including all software, computer code, copyrights, trademarks and other intellectual property rights therein or relating thereto. You acknowledge and agree that our Site and our App are provided under license, and not sold, to you. You do not acquire any ownership interest in our Site or our App under these Terms.
Subject to, and conditioned upon, your compliance with the conditions and restrictions set forth in these Terms, including the restrictions on your use of our Site and our App, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to visit our Site and download, install and use one copy of our App on a single mobile device owned or otherwise controlled by you, in each case for your personal, non-commercial use.
Restrictions on Your Use of Our Site and our App
You shall not, and shall not permit others to:
- copy or reproduce our Site or our App, except as expressly permitted by these Terms; modify, translate, adapt or otherwise create derivative works or improvements of our Site or our App;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of our Site or our App or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from or contained on our Site or in our App, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our Site or our App or any features or functionality thereof, to any third party for any reason, including by making our Site or our App available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Site or our App;
- upload, transmit or distribute to or through our Site or our App any computer viruses or any software intended to damage or alter a computer system or data; or
- use software or automated agents or scripts to generate automated searches, requests or queries to (or to strip, scrape, or mine data from) our Site.
In addition, you agree not to use our Site or our App to collect, upload, transmit, display or distribute any content or material that we determine, in our sole discretion:
- violates any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
- is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, profane, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;
- is harmful to minors in any way; or
- is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.
We reserve the right to monitor the content of messages that you include with postcards sent to legislators and other government officials through our App.
We reserve the right to delete or deactivate your account if we believe that you have violated or will violate these Terms.
Anyone may visit our Site or download our App, but you must have an account with us to access the full functionality of our App.
You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
You can terminate your account at any time through our App. If you need assistance deleting your account, please email us at: firstname.lastname@example.org .
“Your Content” means the content and information that you submit or post through our Site or our App, including personal notes included in any postcards sent to legislators and other government officials.
As between you and us, you are the exclusive owner of Your Content; provided, however, that you give us (and those we work with, including third-party service providers) a worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, host, store, reproduce, modify and create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Site and our App) of Your Content.
We are not responsible for the accuracy, appropriateness or legality of Your Content. You acknowledge that we have no obligation to monitor any content posted to our App. You bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any of Your Content.
TERM AND TERMINATION
These Terms shall go into force and be binding on you as of the date that you first visit our Site or download, install or otherwise use our App on your mobile device. These Terms shall terminate immediately, without notice to you, on the earlier date of: (1) your deletion of our App from your mobile device; (2) our termination of your license for any or no reason; and (3) your violation of these Terms.
Upon the termination of these Terms: (1) all of the rights granted to you under this Agreement will also terminate, including your license to visit our Site and use our App; (2) you must cease all use of our Site and our App; and (3) you must delete all copies of our App from your mobile device. Termination will not limit any of our rights or remedies at law or in equity.
SUPPORT AND UPDATES
We may, from time to time in our sole discretion, develop and provide updates to our Site and our App, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality presently on our Site and in our App. Based on your mobile device’s settings, when your mobile device is connected to the internet, our App will either automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You agree that all Updates will be deemed part of our App and be subject to these Terms.
Notwithstanding the above paragraph, you acknowledge and agree that we have no obligation to: (1) provide you with technical support in connection with your use of our Site or our App; (2) provide any Updates; or (3) continue to provide or enable any features or functionality of our Site or our App.
Our Site and our App may contain links to third-party websites and services (“Third-Party Links”). We are not responsible for any Third-Party Links, and we do not approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution, diligence and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and information gathering
We appreciate hearing from you and welcome your comments regarding our Site or our App, including about the functionality of our App, any malfunctions, downtime or complaints (collectively, “Feedback”). You can submit Feedback to us by emailing us at email@example.com .
If you provide us with any Feedback, you hereby assign to us all rights in such Feedback, including all intellectual property rights therein, and agree that we have the right to use such Feedback and related information in any manner we deem appropriate.
Your Representations and Warranties
You represent and warrant to us that: (1) you have full power and authority to enter into these Terms; (2) you own all rights to Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow us to perform our obligations) in connection with our Site and our App without obtaining any further releases or consents; and (3) Your Content and your activities in connection with our Site and our App, and our exercise of all rights and licenses granted by you herein, do not and will not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Disclaimer of Warranties
OUR SITE AND OUR APP ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR SITE AND OUR APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT OUR SITE OR OUR APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (1) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES; (2) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100); OR (3) ANY MATTER BEYOND
OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND US, AND WE BOTH HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us and our officers, employees and agents harmless and free from any costs, attorneys’ fees, claim or demand made by any third party due to or arising out of: (1) your use of our Site or our App; (2) your violation of these Terms; (3) your violation of applicable laws or regulations; or (4) Your Content, including claims that Your Content infringes another party’s intellectual property rights (collectively, “Claims”). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any claims without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but our failure to provide you with prompt notice shall not excuse your obligation to indemnify under these terms.
For any dispute you have with us, you agree to first contact us (by the means described in the “Notice” section of these Terms below) and attempt to resolve the dispute informally. If informal dispute resolution attempts fail, you hereby agree that any and all claims and disputes connected with your use of our Site or our App will be handled by the federal and state courts located in Santa Clara County, California, and you hereby waive any personal jurisdiction or venue objections.
Providing Notice to You
You agree that we may provide notices to you, including notice of any changes to these Terms, by means of: (1) a notice presented to you when you visit our Site or log into your account or launch our App on your mobile device; (2) an email sent to the most recent email address that you have provided to us; or (3) any other means that we deem, in our sole discretion, sufficient to provide you with notice, including, without limitation, telephone or mail.
Providing Notice to Us
You agree that the only way to provide us legal notice is by email message sent to the appropriate address provided in the “Feedback” section of these Terms above.
These Terms and the relationship between you and us shall be governed by the laws of the State of California, without regard to any conflict of law provisions.
Changes to these Terms
We reserve the right to change these Terms at any time. We will provide you notice if we do, and we agree that changes cannot be retroactive. If you don't agree to these changes, you must delete our App from your mobile device and stop using our App.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignments and Transfers
We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms. If you are a living person, you agree that your account is non-transferable and your rights to the content within your account terminate upon your death.