Terms of Service and Privacy policy.
Terms of Service
Last Updated: 8/22/24
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 applications and other online offerings (collectively, the “Sites”) provided by Committee to Elect Molly Kivi (“CTEMK,” “we,” or “us”). 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 material changes, we will provide you with notice of such changes by 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 electmollykivi@outlook.com.
1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy below.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and the CTEMK 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 CTEMK makes available, the following terms apply:
(a) By subscribing to CTEMK updates or alerts, you consent to receive recurring updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at electmollykivi@outlook.com. Message and data rates may apply. See our Privacy Policy.
(b) Neither the CTEMK nor the participating carriers guarantee that messages will be delivered. The CTEMK may discontinue the program at any time without notice.
(c) 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.
(d) 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.
(e) 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, submit, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and the CTEMK.
You grant the CTEMK 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 publicly 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, and for any purpose, without compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username) may be visible to others.
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 User 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, 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 from that user and the CTEMK;
· Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Sell, resell or commercially use our Site;
· Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
· Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
· Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
· Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
· Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
· Develop or use any applications that interact with our Site without our prior written consent;
· Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
· Bypass or ignore instructions contained in our robots.txt file; or
· Use our Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
· Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
· Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
· Impersonates, or misrepresents your affiliation with, any person or entity;
· Contains any unsolicited promotions, advertising or solicitations;
· Contains any private or personal information of a third party without such third party’s consent;
· Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
· In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose the CTEMK or others to any harm or liability of any type.
Enforcement of this Section 4 is solely at the CTEMK’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
5. Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by the CTEMK or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
6. Trademarks
COMMITTEE TO ELECT MOLLY KIVI, CTEMK, and our logos, our product or service names, our slogans and the look and feel of the Site are trademarks of the CTEMK and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and CTEMK names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
7. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the CTEMK or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the CTEMK’s sole discretion. You understand that the CTEMK may treat Feedback as nonconfidential.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify the CTEMK’s designated agent as follows:
E-Mail Address: electmollykivi@outlook.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to the CTEMK for certain costs and damages.
9. Third-Party Content, Products, and Sites
We may provide information about third-party organizations, events, campaigns, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The CTEMK does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
10. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the CTEMK and its independent contractors, service providers, and consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
11. Disclaimers
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the CTEMK does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While the CTEMK attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
12. Limitation of Liability
To the fullest extent permitted by applicable law, the CTEMK and its contractors, service providers, consultants, and successor organizations, and each of their respective officers, directors, agents, and employees (collectively the “CTEMK Parties”), will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages.
The total liability of the CTEMK and the CTEMK Parties for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to $5.
13. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the CTEMK and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and the CTEMK agree that any dispute arising out of or related to these Terms or our Site is personal to you and the CTEMK and that any dispute will be resolved solely through individual action, and will not be brought as, and you hereby waive the right to bring, a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or the CTEMK seeks to bring an individual action in small claims court located in the county of your billing address, you and the CTEMK waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against the CTEMK you agree to first contact the CTEMK and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the CTEMK by email at electmollykivi@outlook.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the CTEMK cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the CTEMK will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at electmollykivi@outlook.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
14. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
15. Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
16. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
17. Miscellaneous
The failure of the CTEMK to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
PRIVACY POLICY
Last Updated: 7/31/24
This Privacy Policy explains how CTEMK d/b/a the Committee to Elect Molly Kivi (“CTEMK”, “we” or “us”) collects, uses, and discloses information about you when you access or use our websites, mobile sites, and mobile application that link to this Privacy Policy (collectively, the “Site”).
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Site or otherwise interact with us to stay informed about our information practices and the choices available to you.
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you request information, make a donation, sign a petition, make a purchase, sign up to receive updates or alerts, fill out a form, connect through a social feed, sign up to be a volunteer, sign up to attend or host an event, submit a resume, create an account or profile, request support, communicate with us via third party social media sites, send us an email, or otherwise communicate with us. We also may collect any information you provide when you post comments or other content or participate in surveys, petitions, contests, or promotions. The types of information we may collect include your name, password, contact information (such as email address, postal address, and phone number), credit card and other payment information (which may be collected directly by a third-party processor), demographic information, and any other information you choose to provide.
In addition, the Office of Campaign & Political Finance (OCPF) may require us to collect certain personal information from donors. For example, the OCPF requires us to collect (and disclose to them) the name, mailing address, occupation, and employer of all individuals whose donations to the CTEMK exceed $200 per calendar year (if under $200, then OCPF requires the name and mailing address collected and share). CTEMK, at its discretion, is collecting and disclosing the name, mailing address, occupation, and employer of all individuals who donate out of a commitment to create and increase political transparency.
Automatically Collected Information
When you access or use our Site, we automatically collect information about you, including:
· Log and Usage Information: We collect information related to your access to and use of the Site, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Site.
· Device Information: We collect information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
· Transactional Information: If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product detains, and date and location of the transaction.
· Location Information: We may derive the approximate location of your device, such as from your IP address.
· Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Site and your experience, see which areas and features of our Site are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Site or emails and help deliver cookies, count visits, and understand usage and effectiveness. For more information about cookies and how to disable them, see Your Choices below.
Information We Collect from Other Sources
We and our service providers may also obtain information about you from other sources and combine that with information we collect about you. For example, we may collect voter file data and other information about you from outside sources, such as state parties and other democratic organizations, public databases, and private organizations.
USE OF INFORMATION
We may use the information we collect to:
· Provide, maintain, and improve our Site;
· Provide and deliver the information you request, process donations and transactions and send you related information, including confirmations and receipts,
· Send you technical notices, updates, security alerts, and support and administrative messages and provide technical support;
· Respond to your emails, submissions, comments, questions and requests, request feedback or support, and otherwise contact you about your use of the Site;
· Send you newsletters and alerts and otherwise provide you with news and information that we think will be of interest to you, such as sending you information to keep you informed about various campaigns, candidates, issues, events, activities, and resources (see Your Choices below for information about how to opt out of these communications at any time);
· Help connect you with other supporters, and to solicit volunteers, donations and support for the CTEMK and for candidates, issues, and organizations that we support;
· To solicit volunteers, donations and support for the CTEMK and the candidates, issues and organizations that we support and to connect you with other volunteers;
· Contact you if State election and finance laws require us to request additional information from you;
· Remind you to vote and register to vote and assist you in registering to vote and in finding your registration information, polling location and campaign events near you;
· Monitor and analyze trends, usage, and activities in connection with our Site;
· Personalize the Site and provide advertisements, content or features based on your preferences, interests, and browsing and online activities;
· Serve ads on this and other websites or media and to understand how users respond to our ads;
· Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
· Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of the CTEMK and others; and
· Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We may share information about you as follows or as otherwise described in this Privacy Policy:
· With vendors, service providers, volunteers, and consultants who need access to such information to carry out work on our behalf;
· With organizations, candidates, campaigns, media organizations, charities, nonprofits, groups, causes, co-ops, or other entities that we believe have similar political viewpoints or principles or share similar goals or objectives and with organizations that facilitate communications and information sharing among such groups; Text messaging originator opt-in data and consent will not be shared with any third party, except: (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process; and (3) if the user consents to our sharing of such information.
· To report required information to the Office of Campaign & Political Finance (OCPF), including name, mailing address, occupation, and name of employers of individuals who donate (for additional information, visit the OCPF website at https://m.ocpf.us/);
· In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
· When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
· If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of the CTEMK, its employees, volunteers, constituents, or others;
LINKS TO OTHER WEBSITES
The Site may contain links to other websites. For example, we may link to third-party sites to facilitate donations or purchases or to assist you with voter registration. Any personal information you provide on such linked pages is provided directly to that third party and is subject to that third party’s privacy policy, and not this privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
ONLINE PETITIONS
If you sign an online petition, you understand that such petition is public information and that we may make the petition, and your name, city, state, and any comments provided in connection therewith publicly available. In addition, we may provide such petitions or compilations thereof, including your comments, name, city, and state to national, state or local leaders, or to the press.
SOCIAL SHARING FEATURES
The Site may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Site with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending your privacy for the relevant social media site. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Site and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by the CTEMK and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on other websites, and better understand your online activity.
For example, we may use Remarketing with Google Analytics or other remarketing tools to advertise online. This enables third-party vendors, including Google, to show our ads on sites across the Internet. Such third-party vendors may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Site. For information on how you can opt out of Google’s use of cookies for interest-based ads please visit Google’s Ads Settings.
For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
TRANSFER OF INFORMATION TO THE U.S.
The CTEMK is based in the United States, and is directed to U.S. residents, and we process and store information in the U.S. If you are located outside the U.S., we and our service providers may transfer your information to, or store or access to your information in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
YOUR CHOICES
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site. You can also review your choices regarding behavioral advertising cookies at www.aboutads.info/choices.
Promotional Communications
You may opt out of receiving promotional emails or text messages from the CTEMK by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at: electmollykivi@outlook.com.