TERMS OF SERVICE
Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile sites, and other online offerings (collectively, the “Site”) provided by Van Campen Committee (“Campaign,” “we,” or “us”) that link to these Terms. By accessing or using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at info@vancampenforeverett.com.
1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and the Campaign by SMS, text message, email, or other electronic means. Your carrier’s normal messaging, data, and other rates and fees will apply to these communications.
If you subscribe to any text programs that the Campaign makes available, the following terms apply:
By subscribing to the Campaign updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at info@vancampenforeverett.com. Message and data rates may apply. See our privacy policy at Privacy Policy.
Neither the Campaign nor the participating carriers guarantee that messages will be delivered. The Campaign may discontinue the program at any time without notice.
You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
You acknowledge and agree that you may opt out of receiving further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT. You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.
You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.
3. User Content
Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). You may also submit User Content to the Campaign by other means, including email and text message. Except for the license you grant below, you retain all rights in and to your User Content, as between you and the Campaign.
By posting, submitting or otherwise providing any User Content to the Campaign, you grant the Campaign and its independent contractors, service providers, consultants, and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
When you post or otherwise share User Content with the Campaign, whether through our Site or otherwise, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you release the Campaign, and anyone acting under its authorization, from any claims that any use of your User Content as authorized herein violates any of your rights, including any rights of publicity or privacy.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site or otherwise provide to the Campaign, and you are solely responsible for your conduct while using our Site.
You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization;
Impersonate or misrepresent your affiliation with any person or entity;
Sell, resell or commercially use our Site;
Copy, reproduce, distribute, publicly perform or publicly display portions of our Site, except as expressly permitted;
Modify our Site, remove any proprietary rights notices, or make derivative works based upon our Site;
Use our Site other than for its intended purpose;
Reverse engineer any aspect of our Site;
Use data mining, robots, or similar data gathering methods;
Develop or use applications that interact with our Site without prior written consent;
Send spam or bulk communications;
Bypass instructions in our robots.txt file;
Use our Site for any illegal or unauthorized purpose.
You may not post User Content that is unlawful, defamatory, obscene, harassing, invasive of privacy, infringing, fraudulent, misleading, promotional without consent, or harmful (viruses, corrupted data, etc.). We reserve sole discretion to remove content.
5. Ownership; Limited License
The Site, including text, graphics, images, videos, and other content, is owned by the Campaign or its licensors and protected by U.S. and foreign laws. You are granted a limited, nonexclusive, nontransferable, revocable license to access and use the Site for your personal, noncommercial use.
6. Trademarks
Van Campen Committee, our logos, product or service names, slogans, and the look and feel of the Site are trademarks of the Campaign and may not be copied, imitated or used without prior written permission.
7. Feedback
You may submit feedback, ideas, or suggestions. You agree we may use such Feedback for any purpose without compensation and may treat it as nonconfidential.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act, we may terminate accounts of users who repeatedly infringe.
If you believe anything on our Site infringes your copyright, notify us at info@vancampenforeverett.com. See 17 U.S.C. § 512(c)(3) for requirements. Knowingly misrepresenting infringement may make you liable for damages.
9. Third-Party Content, Products, and Sites
We may provide information about third parties or allow third parties to share content on the Site. We do not control, endorse, or make warranties regarding such content. Your interactions are solely between you and the third party.
10. Indemnification
You agree to indemnify and hold harmless the Campaign, its contractors, and affiliates from any claims related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) infringement of rights of another; or (d) misconduct in connection with the Site.
11. Disclaimers
The Site is provided “as is” and “as available.” We disclaim all warranties, express or implied. We do not warrant that the Site is accurate, complete, reliable, current, or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, the Campaign and related parties are not liable for indirect, incidental, punitive, or consequential damages. Total liability is limited to $5.
13. Governing Law and Venue
These Terms are governed by the laws of Massachusetts (or applicable U.S. federal law). Any disputes will be resolved in state or federal courts located in Massachusetts.
14. Modifying and Terminating our Site
We may modify or discontinue the Site at any time without liability. You may stop using the Site at any time.
15. Severability
If any provision of these Terms is unlawful or unenforceable, it is severed, and the rest remain valid.
16. Miscellaneous
Failure to enforce any provision does not waive our rights. These Terms do not create third-party rights. Communications between us may be conducted electronically.