Terms and Conditions
TERMS AND CONDITIONS OF USE
Protect Internet Freedom, Inc. (“PIFI, ”we” or “us“) provides this website (the “Site”) to you, and allows your use of and access to all content and services offered there (collectively, the “Services”) conditioned on your acceptance of the terms, conditions, and notices contained in these Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully before using the Site or the Services. By accessing or using the Site or the Services, you agree to be bound to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use or if you are dissatisfied with any of the Site’s content, do not access or use the Site or the Services.
CHANGES TO THESE TERMS AND CONDITIONS
PIFI reserves the right to change these Terms and Conditions of Use from time to time, with or without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms and Conditions of Use. By using the Site or the Services following any changes to these Terms and Conditions of Use, you agree to be bound by them.
In connection with certain features on the Site or the Services, we may issue to you, or enable you to create, an account with a username and password that enables you to log into the Site or the Services. In any event, you are responsible for (a) maintaining the security and strict confidentiality of your account password, and (b) for any activity under your account and password, and you accept all risks of unauthorized access to any data or other information you provide to or through Site or the Services. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify PIFI when you desire to cancel your account for the Site or the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. If you discover or suspect any Site or Services security breaches, please let us know as soon as possible.
When, if permitted or available through any feature or service on the Site or the Services, you (a) upload content to the Site or the Services or download content from the Site or the Services via a mobile device, (b) receive and reply to messages from or on the Site or the Services, or access or make posts using text messaging, (c) browse the Site or the Services from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier, or otherwise have access to a mobile communications network through which PIFI makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
YOUR USE OF THE SITE AND THE SERVICES
The Site and the Services are for your personal and noncommercial use only. They may allow you and other users to sign petitions, make donations (as redirected to, and through, a Third Party Site, as defined below) post, link and otherwise make available content. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or the Services or any content, information, software, products or services obtained from either, without the prior written permission of PIFI.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site or the Services, and print single hard copy portions of the material from the Site or the Services solely for your own noncommercial and lawful use. If you make other use of the Site or the Services, except as otherwise provided above, you may violate copyright and other laws of individual states, the United States or other countries, and you may be subject to liability for any such unauthorized use.
In connection with your use of the Site or the Services, you may not: (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes through or using the Site; (c) decompile, disassemble or reverse engineer the Site or any portion of it, or (d) attempt to gain unauthorized access to the Site, the Services, any portion of either, or any other computer systems or social media or mobile platforms through the Site or the Services. You agree that you will not use the Site or the Services 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 or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
Also, you agree that you will not do any of the following in connection with your use of the Site or the Services:
• use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or the Services or that could damage, disable, overburden or impair the functioning of the Site or the Services;
• impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site or the Services;
• use the Site or the Services or create an account or post any content if you are not over 13 years of age years of age; or
• circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site or the Services, any users of the Site or the Services (including you), or third parties.
THIRD PARTY SERVICES, LINKS AND CONTENT
From time to time, (a) we may provide you with links through the Site or the Services to other websites or services that we do not own or control (including, without limitation, for the processing of donations) (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content or items belonging to or originating from third parties (“Third Party Content”), and (b) your use of the Services may also include the use of applications that are developed or owned by a third party. Your use of any such Third Party Sites and Third Party Content is governed by that third party’s own terms of service and privacy policies. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by PIFI, and PIFI is not responsible for any Third Party Sites accessed through the Site, Service or otherwise, or for any Third Party Content posted on, available through or installed from the Site, Service or otherwise. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply any approval or endorsement of either by PIFI. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that, unless otherwise indicated, these Terms and Conditions of Use no longer govern. We encourage you to review the applicable terms of service and policies, including privacy and data gathering policies and practices, of any such Third Party Site and any Third Party Content.
PIFI’S RIGHTS IN THE SITE AND THE SERVICES
We put a lot of effort into creating the Site and the Services, including the PIFI logo and all designs, text, graphics, pictures, information and other content (excluding your content). Although we grant you the right to use any of the foregoing during your use of the Site or the Services, PIFI or its licensors own all right, title and interest in and to the Site and the Services, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site and the Services. Your use of the Site and/or the Services does not grant to you ownership of any of the foregoing. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of PIFI. The collective work may include works that are licensed to PIFI. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, PIFI. PIFI does not grant any license or other authorization to use the Marks.
PIFI does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Unsolicited Submissions”) in any form to PIFI, whether through the Site, the Services or otherwise. If, despite our request, you send PIFI any Unsolicited Submissions, then regardless of what your communication might indicate, the following terms will apply to your Unsolicited Submissions: you agree that: (a) your submissions and their contents will automatically become the property of PIFI upon receipt, without any compensation or attribution to you; (b) PIFI may use or redistribute your submissions and their contents for any purpose and in any way; (c) PIFI has no obligation to review your submissions; and (d) PIFI has no obligation to keep any submissions confidential.
YOUR CONTENT AND CONDUCT
The Site and the Services may offer the opportunity for you and other users to post, link, submit or otherwise make available written or other content, messages or materials (collectively, the “User-Generated Content”) on the Site and through the Services. You are solely responsible for your use of such interactive areas of the Site and the Services and you use them at your own risk. You may only post User-Generated Content to public areas and where you have permission to post. You may not post any content that violates these Terms and Conditions of Use or any third party rights.
When using the Site and/or the Services, you may not post, link, upload to, transmit, distribute, store, create or otherwise publish or make available on or through the Site or the Services any User-Generated Content that:
• is sexually explicit, violent, derogatory, unlawful, libelous, bigoted, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
• promotes illegal drug use, tobacco or firearms use;
• constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
• may infringe any patent, trademark, trade secret, copyright, right of privacy, right or publicity or other intellectual or proprietary right of any party;
• uses the names or likenesses of persons, living or dead, without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• advertises or links to other sites for your commercial purposes;
• includes names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
• constitutes mass or repeated promotions, political campaigning or commercial messages (i.e., SPAM) directed at users who do not follow you;
• includes viruses, corrupted data or other harmful, disruptive or destructive files or code;
• communicates messages inconsistent with the positive goodwill of PIFI; or
• in the sole judgment of PIFI, is objectionable, or which may expose the Site or the Services or any of their users to any harm.
PIFI has no obligations with respect to, and takes no responsibility and assumes no liability for, any User-Generated Content posted, stored or uploaded by you, any other user of the Site or the Services, or any third party, or for any loss or damage relating to that activity, nor is PIFI liable for any statements, representations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in using the Site or the Services. Although PIFI has no obligation to screen, edit, monitor or maintain any User-Generated Content posted to, stored on or distributed through the Site or the Services, PIFI reserves the right, and has sole discretion, to remove, delete and/or destroy, without notice, any User-Generated Content posted to, stored on or distributed through the Site or the Services, at any time. You acknowledge and agree that you are solely responsible for the accuracy and content of your User-Generated Content.
Upon submitting, linking, posting or otherwise making available any User-Generated Content: (a) you represent and warrant that the User-Generated Content is original to you, that no other party has any rights to it, that any “moral rights” in it have been waived and that your User-Generated Content, and our use of it, do not violate, misappropriate or infringe any third party right or violate any applicable law; and (b) you grant to PIFI a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, disclose, distribute, transmit, publicly display, publish, publicly perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User-Generated Content, in whole or part, and including all data, images, creative works, sounds, text, and other things embodied in that User-Generated Content, for any and all commercial or noncommercial purposes. We are not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, your User-Generated Content. Aside from our limited right to any User-Generated Content that you submit, link, post or otherwise make available on or through the Site or the Services, you retain all of your rights to such User-Generated Content, and we do not claim ownership of any such User-Generated Content.
PROCESS FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, we have implemented a procedure for contacting us in the event you feel that certain rights might be infringed by content posted on the Site or otherwise through the Services. If you believe in good faith that content hosted by us infringes your copyright, then provide to our Registered Agent written notice containing all of the below information:
1. A full and complete identification of the copyrighted work you claim was infringed;
2. a clear identification of the content you claim is infringing the copyrighted work, the website on which the content is posted, and information that will allow us to locate that material on the Site, such as a link to the allegedly infringing content;
3. your name, postal address, e-mail address and telephone number;
4. the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”;
5. the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; and
6. a original signature on the notice by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notices of claims of copyright infringement must be e-mailed firstname.lastname@example.org with the subject line: Copyright Infringement Notice.
We will review and address all notices that we receive that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating the memberships of, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also limit access to the Site for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement, at our sole discretion.
SERVICE AND FEATURE AVAILABILITY
Availability of the services and features described on the Site or otherwise in connection with the Services are subject to change without notice. The listing, description of or reference to a particular service or feature on the Site or within the Services does not (a) imply that the service or feature is presently available, (b) constitute an offer to provide that service or feature, and (c) mean that the service or feature is available in all locations.
CHANGES TO, OR TERMINATION OF, THE SITE OR THE SERVICES
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Site or the Services, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of the Site or the Services or restrict your access to part or all of the Site or the Services without notice or penalty. Further, if you breach any of these Terms and Conditions of Use, we have the right to suspend, disable or otherwise terminate your access to and use of the Site and/or the Services.
THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS IN OR ON EITHER, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIFI PROVIDES THEM TO YOU “AS-IS” AND AS AVAILABLE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PIFI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, OR THE SERVER THAT MAKES EITHER AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIFI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY THE SITE OR PROVIDED AS PART OF THE SERVICES OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIFI OR THROUGH THE SITE OR PARTICIPATION IN THE SERVICES SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, PIFI NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OF USE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING EITHER OR BOTH, AS THE CASE MAY BE. YOU SHOULD NOT RELY ON THE SITE OR THE SERVICES TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; INSTEAD, YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE OR THE SERVICES FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT WILL PIFI, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE SERVICES, OR THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THE SITE OR THE SERVICES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOU OR ON BEHALF OF ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or the Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site or the Services (including your User-Generated Content), your breach or violation of any law or third party right or of these Terms and Conditions of Use, or any activity otherwise related to your use of the Site or the Services (including negligent or wrongful conduct), or by any other person accessing or using the Site or the Services using an account registered to you.
ENTIRE AGREEMENT, GOVERNING LAW
These Terms and Conditions of Use constitute the entire agreement between you and PIFI and govern your use of the Site and the Services, and supersede any prior agreements between you and PIFI relating to your use of the Site or the Services. These Terms and Conditions of Use and the relationship between you and PIFI will be governed by and construed under the laws of the Commonwealth of Virginia, without regard to conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any dispute with the Site or the Services or relating to your use of either, resides in the courts of the Commonwealth of Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia located in Alexandria in connection with any such dispute, including any claim involving the Site or the Services. You further agree that you will not commence against any of the Protected Entities a class action, class arbitration or other representative action or proceeding in connection with the Site or the Services. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the subject provision, and all the other provisions of these Terms and Conditions of Use will remain in full force and effect. By using the Site and/or the Services, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site, the Services, or these Terms and Conditions of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. PIFI’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and PIFI nor any trade practice shall act to modify any of these Terms and Conditions of Use. PIFI may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you. The Site is controlled and operated in the United States, and may not be available outside of the United States. PIFI makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws. In the case of any violation by you of these Terms and Conditions of Use, PIFI reserves the right to seek all remedies available to it for such violations.
Updated January 21, 2015