Read This Terms of Use Agreement Before Accessing the Freedom Speaks Website & API.
Effective Date: This Terms of Use Agreement (the "Agreement") was last updated on June 15, 2009.
This Agreement sets forth the standards of use of the Freedom Speaks LLC Online Service (the "Service"). By using the Freedom Speaks website you (the "User"), whether registered or unregistered, agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at freedomspeaks.com (the "Website"). Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Freedom Speaks provides Users with the tools to: (1) network with other users; (2) reference their elected public officials; (3) create, display and distribute issue letters & petitions; and (4) comment on issue letters & petitions written by other users. User must: (1) provide all equipment necessary for his/her own Internet connection, including computer and modem; (2) provide for his/her own access to the Internet; and (3) pay any fees related to such connection.
2. Disclaimer of Warranties.
The site is provided by Freedom Speaks on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Freedom Speaks makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Freedom Speaks shall have no liability for any interruptions in the use of this Website. Freedom Speaks disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
FREEDOM SPEAKS SHALL NOT be liable for any damages whatsoever, and in particular Freedom Speaks shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Freedom Speaks has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS Are INAPPLICABLE.
4. Disclaimer for Forums, Profiles and Letters
Freedom Speaks has not reviewed the posts on the Freedom Speaks Forums (the "Forums"), the Freedom Speaks Blogs (the "Blogs"), letters posted to public areas of the Website (the "Letters") or the Freedom Speaks profiles created by its users (the "Profiles") and the views expressed therein are those of the posters and do not necessarily reflect those of Freedom Speaks, it owners, managers, agents, partners, advertisers or affiliates. Freedom Speaks assumes no responsibility for the Freedom Speaks posts (the "Posts"), the Profiles, the Letters or the information contained therein, nor do they make any claims, promises or guarantees about the accuracy, suitability or completeness of any of the information therein.
By posting or submitting material on the Forums, Blogs or Letters sections of the Website, you grant Freedom Speaks a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
You agree that you will not use the Forums, Blogs, Letters or Profiles to post any advertisement or other commercial message. You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message; sexually oriented material; or material that is illegally invasive of another person's privacy. Freedom Speaks will attempt to delete any inappropriate posts as quickly as possible; however, the submissions are generally uploaded in real-time and are typically not reviewed by Freedom Speaks or its editorial staff before they are uploaded to the Website.
You agree that you are solely responsible for anything you post on the Forums, the Blogs or in your Profile and that you agree to indemnify and hold harmless Freedom Speaks, its owners and employees with respect to any claims based upon your posts/submissions.
Freedom Speaks reserves the right to delete, erase or otherwise remove any Post or Profiles at its sole discretion.
5. Indemnification
User agrees to indemnify and hold Freedom Speaks, its parents, subsidiaries, affiliates, officers, employees and contractors, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
6. Users Account
All registered Users of the Service shall receive a password and an account. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify Freedom Speaks of any unauthorized use of User’s account or any other breach of security known or should be known to the User. User’s right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of Freedom Speaks.
7. Modifications and Interruption to Service
Freedom Speaks reserves the right to modify or discontinue the Service with or without notice to the User. Freedom Speaks shall not be liable to User or any third party should Freedom Speaks exercise its right to modify or discontinue the Service. User acknowledges and accepts that Freedom Speaks does not guarantee continuous, uninterrupted or secure access to the Website and operation of Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties ("Third Party Sites"). You acknowledge that we are not responsible for the availability of, or the content located on or through, any Third Party Site. You should contact the site administrator or webmaster for those Third Party Sites if you have any concerns regarding such links or the content located on such sites. Your use of any Third Party Site is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of any Third Party Sites.
9. Disclaimer Regarding Accuracy of Third Party Site Information
Product specifications and other information have either been provided by the Third Party Sites or collected from publicly available sources. While Freedom Speaks makes every effort to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
Freedom Speaks makes no warranties or representations whatsoever with regard to any product provided or offered by any Third Party Site, and User acknowledges that any reliance on representations and warranties provided by any Third Party Site shall be at User’s own risk.
10. Governing Law
The Website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that the Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Website you agree to do so subject to the internal laws of the State of California.
11. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2008 Freedom Speaks, with all rights reserved, or is the property of Freedom Speaks and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Freedom Speaks is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Freedom Speaks.
Freedom Speaks™ is a proprietary mark. Freedom Speaks’s trademarks may not be used in connection with any product or service that is not provided by Freedom Speaks, in any manner that is likely to cause confusion with Freedom Speaks’s products or services, or in any manner that disparages or discredits Freedom Speaks.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Party Sites. In addition, such use of trademarks or links to any Third Party Sites is not intended to imply, directly or indirectly, that those Third Party Sites endorse or have any affiliation with Freedom Speaks.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Freedom Speaks.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Administrator
Freedom Speaks LLC
914 Westwood Blvd.
Suite 233
Los Angeles, CA 90024
By Email:
admin@freedomspeaks.com
14. Botnets
Freedom Speaks retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Freedom Speaks reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Agreement and any other agreements referenced herein may be assigned by Freedom Speaks, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
