LAST REVISED: June 30, 2015
Cruz for President operates the Cruz for President website and its mobile application (“Cruz Crew”). By using our website/mobile application in any way, you accept these Terms of Service (“Agreement”). Please read this Agreement carefully. By accessing or using our website/mobile application, you are bound by these terms of conditions. If you do not agree to all of these terms, do not use or access the website/mobile application. These terms may change at any time, for any reason, and at our sole discretion. You should review the Terms of Service periodically to understand any changes.
Questions about our Privacy or Terms of Service may be directed to [email protected]
- Who May Use Our Website and Mobile App
Cruz for President does not allow persons under 13 to register for any service, and we do not knowingly collect any personal identifiable information from persons under the age of 13.
- License to Cruz for President’s Website/Mobile Application
Cruz for President grants you a limited, non-exclusive license to access and use our website/mobile application for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Cruz for President in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble our website/mobile application. Unless otherwise indicated, all website/mobile application content and other materials, including logos, designs, texts, graphics, pictures, data, software, and other files are the property of Cruz for President, its licensors, or users, and are protected by law. Nor will you take any measures to interfere with or damage our website/mobile application. All rights not expressly granted by Cruz for President are reserved.
To use the login portion of the website/mobile application, you must register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account. In order to register, you will be asked to sign-in using your Facebook login. If you do so, you authorize us to access certain Facebook account information. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture. Please take precautions to protect your password and contact us at [email protected] if you believe your account has been accessed by an unauthorized person.
- What information we may collect about you;
- For what purpose we use that information;
- What third-party information, if any, you are agreeing to share by using our website/mobile application; and
- With whom we share that information.
- Licenses Granted by You
You grant Cruz for President a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. You further grant all users of our website/mobile application permission to view your content for their personal, non-commercial purposes.
- Code of Conduct; Prohibited Activities
The Cruz for President website/mobile application may include interactive services. You are solely responsible for your use of these services and use them at your risk. In using Cruz for President’s website/mobile application, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- You will not express or imply that any statements you make are endorsed by Cruz for President without our specific prior written consent.
- You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Harass or stalk any other person;
- Harm or exploit minors;
- Collect information about others;
- You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Cruz for President has the right, but not the obligation, to monitor all conduct on and content submitted to Cruz for President. Cruz for President has absolute discretion to remove, screen, or edit any content posted or stored on its website/mobile application at any time for any reason. You are solely responsible for backing up and replacing any information you post at your sole expense.
- Term and Termination; Account Deletion
This Agreement begins on the date you first use Cruz for President’s website/mobile application and continues until terminated in accordance with the provisions hereof.
Cruz for President may suspend, disable, or delete your account (or any part thereof) if Cruz for President determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Cruz for President. If Cruz for President deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Cruz for President will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Cruz for President shall not be responsible for the loss of such content.
- Disclaimers; Limitation of Liability
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CRUZ FOR PRESIDENT WEBSITE/MOBILE APPLICATION USERS.
- IN NO EVENT SHALL CRUZ FOR PRESIDENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF CRUZ FOR PRESIDENT’S WEBSITE/MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, COMPUTER VIRUSES, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE WEBSITE/APPLICATION OR COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE CRUZ FOR PRESIDENT WEBSITE/MOBILE APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE.
- Cruz for President reserves the right to modify Cruz for President’s website/mobile application. You are responsible for providing your own access to Cruz for President. Cruz for President has no obligation to screen or monitor any content and does not guarantee that any content available on its website/mobile application complies with this Agreement.
- Cruz for President provides its website/mobile application on an “as is” and “as available” basis. You therefore use the site/mobile application at your own risk. Cruz for President expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Cruz for President makes no representations or warranties:
- That the website/mobile application be uninterrupted or error-free;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the website/mobile application or will be stored by Cruz for President;
- That Cruz for President will continue to support any particular feature of its website/mobile application;
- Concerning sites and resources outside of the website/mobile application, even if linked to from Cruz for President’s website/mobile application.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the website/mobile application, and no warranties shall apply after such period.
- Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other users. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Cruz for President or to any other user. If information provided to Cruz for President, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”); content that:
- is patently offensive to the online community;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- solicits personal information from anyone under the age of 18;
- contains explicit content;
- provides instructional information about illegal activities, violating someone’s privacy or right of publicity, or providing or creating computer viruses;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- is, in the sole judgment of Cruz for President, objectionable or which restricts or in any way inhibits any person from using Cruz for President’s website/mobile application;
- exposes or may expose Cruz for President to any liability of any type; or
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, publicity rights, etc.).
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
- Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Cruz for President’s website/mobile application and grant the licenses set forth above; (ii) Cruz for President will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Cruz for President and its employees, vendors, service providers, consultants, independent contractors, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but limited to, attorneys’ fees) that (i) arise from your activities on Cruz for President’s website/mobile application; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Cruz for President violates any law or infringes any third party right, including any intellectual property or privacy right.
- Third Party Copyrights and Other Rights Copyright Policy
Cruz for President respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Cruz for President’s website/mobile application do not infringe any third party copyright.
Cruz for President will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Cruz for President may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on Cruz for President’s website/mobile application, sufficient for Cruz for President to locate the material.
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
Email: [email protected]
Offline: Cruz for President, PO Box 25376, Houston, TX 77265
If you believe that your material has been removed by mistake or misidentification, please provide Cruz for President with a written counter-notification containing the following information:
- Your name, address, and telephone number.
- A description of the material that was removed and the location where it previously appeared.
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Cruz for President may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may submit this information via:
Email: [email protected]
Offline: Cruz for President, PO Box 25376, Houston, TX 77265
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Cruz for President’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Cruz for President’s Copyright Agent:
Cruz for President
Attn: Copyright Agent
PO Box 25376, Houston, TX 77265
Email: [email protected]
- General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas, United States of America, without regard to principles of conflicts of law.
DISPUTES: Any action arising out of or relating to this Agreement or your use of Cruz for President must be commenced in the state or federal courts located in Harris County, Texas, United States of America (and you consent to the jurisdiction of those courts). In any such action, Cruz for President and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Cruz for President in exercising any right hereunder will waive any further exercise of that right. Cruz for President’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Cruz for President’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Cruz for President electronically. Cruz for President may provide all such communications by email or by posting them on Cruz for President. Support-related inquiries or notices of a legal nature may be sent to us at [email protected] or the following address:
Cruz for President
P.O. Box 25376, Houston, TX 77265
Nothing herein shall limit Cruz for President’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT
This Agreement may not be modified except by a revised Terms of Service posted by Cruz for President on Cruz for President website. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Cruz for President and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.