Terms of Service

These Terms of Service are available under a Creative Commons Sharealike license. We've adapted them from the Terms of Service for Wordpress (Automattic Inc.) which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and we hear that the Wordpress folks would welcome a link to WordPress.com somewhere on your website.

Terms

The following terms and conditions govern all use of the VisitThem.org website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ChangeSprout’s Privacy Policy) and procedures that may be published from time to time byChangeSprout Inc. (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with ChangeSprout Inc.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ChangeSprout Inc., acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of some of our Services requires a VisitThem.org account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

With a VisitThem.org Organization Account.

VisitThem.org Organization Accounts allow organizations to use VisitThem.org to setup campaigns, customize the branding of the platform, use our API, and collect data about their members. Organizational Accounts are offered on a subscription basis.

If you're using any of our Services on behalf of an organization or entity, you affirm that you have the right to act on behalf of that organization or entity, and that these Terms apply to the organization or entity (and all references to "you" and similar terms refer to that organization or entity). The organization or entity will hold harmless and indemnify ChangeSprout Inc. (and its affiliates, officers, agents, and employees) from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

  • Your VisitThem.org Organization Account.

    If you create an Organization Account on VisitThem.org, you are responsible for maintaining the security of your account and campaigns, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the campaigns that you initiate. You must immediately notify VisitThem.org of any unauthorized uses of your account, or any other breaches of security. VisitThem.org will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  • Your Data

    We define Organization Account Data as all data relating to the the activities of organizations using a VisitThem.org site including but not limited to email addresses, names, and postal codes of members who take action. Organization Account Data also includes all uploaded images, custom content, organization supplied event data and other assets provided by the organization to VisitThem.org in order to operate their Organization Account.

    Organization Account Data does not include VisitThem.org data such as information about legislators and their offices and events, default content, or other aspects of the service that are not specific to the Organization Account or the activities of its members.

    ChangeSprout Inc. provides Organization Accounts with access to their data through the administrative tools for your account. Organization Accounts may export Organization Account Data at any time. You own the data you submit to VisitThem.org as well as the data that we collect about members of your organization on your behalf.

    We never share Organization Account data with others except to the extent necessary to provide the VisitThem.org service on your behalf. As part of providing the service to you we may also duplicate Organization Account Data in order to provide backups on your behalf. For internal purposes, we may use your Organization Account Data and usage data to create aggregated anonymized statistics about the ways that VisitThem.org is being used and to improve the usability of VisitThem.org. You acknowledge that we are free to use this aggregated, anonymized data for any purpose and in any manner, so long as it is not possible to identify your organization or individuals using the platform.

    When Organizations end their paid Organization Account subscription for the VisitThem.org service we may retain your Organization Account Data for some time in order to facilitate easy access by the Organization Account or renewal of the VisitThem.org service in the future. However, we do not guarantee that we will preserve Organization Account Data indefinitely and it may be removed at any time once the subscription has lapsed. We recommend that organizations who end their subscription back up their data before closing their account.

    ChangeSprout Inc. will remove all Organization Account Data including backups from our systems within 30 days at your request.

  • Account Email addresses and Notices

    We require Organization Account users to supply VisitThem.org with your email address to act as a username.

    By supplying your email address you consent to our using your email address to send you notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  • Responsibility of Contributors.

    If you create campaigns, post material to VisitThem.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using VisitThem.org, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to ChangeSprout, Inc. for inclusion, you grant ChangeSprout Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your campaigns. This license allows ChangeSprout Inc. to make publicly-posted content available to third parties selected by ChangeSprout Inc. (through a shared database of legislator town halls for example) so that these third parties can analyze and distribute your content through their services. If you delete Content, ChangeSprout Inc. will use reasonable efforts to remove it from VisitThem.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ChangeSprout Inc. has the right (though not the obligation) to, in ChangeSprout's sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in ChangeSprout's reasonable opinion, violates any ChangeSprout’s policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of VisitThem.org to any individual or entity for any reason. ChangeSprout Inc. will have no obligation to provide a refund of any amounts previously paid.

  • HTTPS.

    We offer free HTTPS on all VisitThem.org sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on VisitThem.org, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.

  • Attribution.

    ChangeSprout Inc. reserves the right to display attribution text or links in your site footer or toolbar, attributing VisitThem.org.

  • Payment and Renewal.

    General Terms.

    Organizational accounts are a paid service. By selecting to use an organization account you agree to pay VisitThem.org the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis upon the end of the free trial period and on a recurring basis depending on their plan, at the beginning of their term. Each payment will cover the use of that service for a monthly or annual subscription period as indicated.

    Pricing for the service may change at the end of each billing period. We do not provide refunds.

    We are not liable for the actions of a payment processor or issues with your payment provider or credit card. If your account becomes overdue for any reason, we reserve the right to terminate your Organization Account.

    Automatic Renewal.

    Unless you notify ChangeSprout Inc. before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by emailing support or using the web interface for your account.

  • Progressive Only.

    As a progressive software company, we're committed to furthering progressive causes. As such, we reserve the right to terminate the accounts of any users promoting conservative policies or causes. The determination of which causes or policies might be progressive or conservative is at our sole discretion.

  • User Guidelines

    In addition to not promoting conservative causes, there are other activities which may lead to account termination. The following activities are not allowed on VisitThem.org:

    • Impersonation
    • Threatening or illegal behavior
    • Posting others’ personal information
    • Defaming, committing libel, abusing, harassing, stalking, or threatening others

    These user guidelines govern behavior both on VisitThem.org and in offline events organized using VisitThem.org. While ChangeSprout Inc. has no responsibility to monitor the offline behavior of VisitThem.org users, if we're alerted to inappropriate behavior by a user at an event organized on our site, we reserve the right to terminate the user's account.

    The guidelines laid out above are just that – guidelines. The interpretations are up to us.

  • Member Privacy Policy and Terms

    Organizations who create Accounts on VisitThem.org must provide and display a privacy policy and terms of use to govern the ways that information about your members may be used by your organization and the terms through which you allow usage of the VisitThem.org-powered Organization Account or their participation in campaigns that you create.

    Creating a privacy policy and terms of use are the responsibility of the Organization Account holder. Neither ChangeSprout Inc. nor VisitThem.org provide legal advice relating to the terms that organizations author. Many organizations use the same privacy policy and terms of use as other parts of their website, which may or may not be sufficient for your specific use case.

As a VisitThem.org site visitor.

VisitThem.org Site Visitors are members of the public who use our free tools for taking action.

  • User guidelines.

    We provide the public with these tools as part of our mission to further progressive causes worldwide. We do not allow use of the tools to promote conservative causes. In addition to not promoting conservative causes, the following activities not allowed on VisitThem.org or at events organized via VisitThem.org:

    • Impersonation
    • Threatening or illegal behavior
    • Posting others' personal information
    • Defaming, committing libel, abusing, harassing, stalking, or threatening others

    While ChangeSprout Inc. has no responsibility to monitor the offline behavior of VisitThem.org users, if we’re alerted to inappropriate behavior by a user at an event organized on our site, we reserve the right to terminate the user’s account.

    The guidelines laid out above are just that – guidelines. The interpretations are up to us.

  • Privacy.

    We encourage you to review our privacy policy and the privacy policies of any campaign-sponsoring third-party organizations who have created Organization Accounts.

Responsibility of Visitors.

ChangeSprout, Inc. has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ChangeSprout Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ChangeSprout Inc. disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which VisitThem.org links, and that link to VistitThem.org. ChangeSprout Inc. does not have any control over those non-VisitThem.org websites, and is not responsible for their contents or their use. By linking to a non-VisitThem.org website, ChangeSprout Inc. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ChangeSprout Inc. disclaims any responsibility for any harm resulting from your use of non-VisitThem.org websites and webpages.

Copyright Infringement and DMCA Policy.

As ChangeSprout Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VisitThem.org violates your copyright, you are encouraged to notify ChangeSprout Inc. by sending email to support@visitthem.org. ChangeSprout Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ChangeSprout Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ChangeSprout Inc. or others. In the case of such termination, ChangeSprout Inc. will have no obligation to provide a refund of any amounts previously paid to ChangeSprout Inc.

Intellectual Property.

This Agreement does not transfer from ChangeSprout Inc. to you any ChangeSprout Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ChangeSprout Inc. ChangeSprout Inc., VisitThem, VisitThem.org, the VisitThem.org logo, and all other trademarks, service marks, graphics, logos, legislative data, or event information used in connection with VisitThem.org or our Services, are trademarks or registered trademarks of ChangeSprout Inc. or ChangeSprout’s licensors. Other trademarks, service marks, graphics and logos and data used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ChangeSprout Inc. or third-party trademarks.

Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. Your continued use of the site after any change in these terms will constitute your acceptance of such change. Therefore, we encourage visitors to regularly check this page for any changes to the Terms of Service.

Termination.

ChangeSprout Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VisitThem.org account (if you have one), you may simply discontinue using our Services. To end your subscription fee, please email VisitThem.org’s support email. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

ChangeSprout Inc. strives to provide reliable high performance services and accurate data. These are the basis for our strong reputation with customers, but there are some things we can not promise. We make no promises or guarantees about the reliability of our systems, the accuracy of the data that we provide or our ability to serve your specific organization's needs.

Our Services are provided "as is." ChangeSprout Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ChangeSprout Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Security

We use commercially reasonable technical methods and policies to protect the VisitThem.org platform and your data from unauthorized use. However we can not guarantee that unauthorized users will never defeat those measures in a way that might allow those malicious users to use or disclose your information improprerly.

Limitation of Liability.

In no event will ChangeSprout Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) lost profits, revenues, financial losses, or indirect, special, consequential, exemplary or punitive damages or (v) for any amounts that exceed the fees paid by you to ChangeSprout Inc. under this agreement during the twelve (12) month period prior to the cause of action. ChangeSprout Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the ChangeSprout Inc. Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ChangeSprout Inc. reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification.

You agree to indemnify and hold harmless ChangeSprout Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous.

This Agreement constitutes the entire agreement between ChangeSprout Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ChangeSprout Inc., or by the posting by ChangeSprout Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Brooklyn, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ChangeSprout Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These terms were last updated on July 29, 2017.