Allies TOS for Start2.OccupyOurHomes.org
TERMS OF SERVICE—ALLIED ORGANIZATIONS
Occupy Our Homes may, in its discretion, provide to an allied organization (“Allied Organization”) the e-mail addresses of individuals who have signed a petition using our Site. These Terms of Service (“Allied Organization TOS”). By accepting those e-mail addresses (“OOH List”), each Allied Organization agrees to be legally bound by this Allied Organization TOS, and agrees that persons creating and signing petitions through our Site are third-party beneficiaries of this TOS.
1. Modification of TOS.
We may change or update this TOS from time to time, and any such modifications shall be effective upon posting on the Site. Allied Organization’s use of any OOH List after a change has been posted signifies its agreement to any such changes. Allied Organization should review this TOS periodically to make sure it is up to date on any changes.
2. Use of OOH List.Allied Organization agrees to use the OOH List solely for purposes of contacting individuals on the List to solicit contributions to Allied Organization; to solicit participation by such individuals in activities, programs and actions sponsored by Allied Organization for the purpose of influencing legislation, government policy and/or the actions of corporations or other organizations. Without limiting the generality of the foregoing sentence, in no event may Allied Organization contact any individual on the OOH List for any commercial purpose, in connection with the sale or offering for sale of any goods or services, to solicit contributions or donations to any organization, entity or individual other than Allied Organization (except with the express prior written consent of Occupy Our Homes).
Allied Organization may not send or transmit to any individual or email address on the OOH list any email, message or content of any kind that:
- 1. infringes upon or violate any third party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party's copyrighted work;
- 2. violates any federal, state or local law or regulation, including without limitation any law governing the receipt of contributions or making of expenditures in connection with any election to public office or to support or oppose any initiative, referendum or other ballot measure; or governing or relating to registration, reporting or disclosure in connection with grassroots lobbying;
- 3. promotes and/or encourage illegal or unlawful activity in any country;
- 4. is defamatory, libelous or slanderous in nature;
- 5. advocates hate, violence, abuse, threats or harm against any group, individual or entity;
- 6. harasses or encourage others to harass any group, individual or entity;
- 7. is racially, ethnically or otherwise objectionable;
- 8. is vulgar, obscene, profane, pornographic and/or otherwise offensive in nature;
- 9. discloses third-party confidential, private or trade secret information;
- 10. violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 11. is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography hatred or physical harm of any kind; or
- 12. is inconsistent with the goals, objectives, philosophies, and/or purpose of Occupy Our Homes.
3. Release from Liability; Indemnification.
Occupy Our Homes makes no warranty, express or implied, with respect to the quality, accuracy or any other characteristic of the OOH List. Allied Organization agrees to release and forever discharge Occupy Our Homes and its officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or based upon any use made by Allied Organization of the OOH List and/or arising out of or based upon any content of any email or other message transmitted to any record, individual, email address or entity appearing on the OOH List. Allied Organization agrees to indemnify and hold Occupy Our Homes harmless from against any from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any suit, investigation, claim or action based upon or arising out of breach of this TOS by Allied Organization; any claim or allegation that that the content of any message transmitted by Allied Organization to any record, email address, individual or entity on the OOH List is defamatory, infringes the copyright of other intellectual property rights of any person or entity, or violates any federal, state or local law or regulation.
4. Claims or Disputes
If there is any claim, controversy or dispute at law or equity about this TOS, the Site and/or the Services ("Claim"), you agree that we will resolve any Claim in accordance with this paragraph. This TOS will be governed in all respects by the laws of the District of Columbia as they apply to TOSs entered into and to be performed entirely within District of Columbia between District of Columbia residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in the District of Columbia. You agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all Claims.