The 45th Senate District RPM, also known as the “Senate District 45 Republicans” (the “BPOU,” “we,” “us,” or “our”) operates the website located at www.sd45.org known as the “Website”. By using the Website in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use the Website.
1. Who May Use the Website
You must be at least 13 years old to use the Website. Use is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Website, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
2. License to Use the Website
The BPOU grants you a limited, non-exclusive license to access and use the Website 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 the BPOU in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Website. Nor will you take any measures to interfere with or damage the BPOU or the Website. All rights not expressly granted by the BPOU are reserved.
To use or access certain features of the Website, you must register for an account. One method of registration is to use another website’s login (such as Facebook or X), meaning you are authorizing us to access certain information in your other website’s account, including information about friends or followers you might share in common with other Website users. By allowing us to access your account on another platform, you expressly acknowledge and agree that we may obtain and share your name and profile picture, as well as the name and profile picture of your friends or followers who are common friends or followers with other Website users in your network or geolocation. 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 do we use that information
- What third-party information, if any, you are agreeing to share by using the Website; and
- With whom we may share that information.
5. Licenses Granted by You
You grant the BPOU and its affiliates 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. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the Website permission to view your content for their personal, non-commercial purposes. If you make suggestions to the BPOU on improving or adding new features to the Website, the BPOU shall have the right to use your suggestions without any compensation to you.
6. Code of Conduct; Prohibited Activities
In using Website, you must behave in a civil and respectful manner at all times. Further, you will not:
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person;
- Collect information about others;
- You will not express or imply that any statements you make are endorsed by the BPOU 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.
- 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.
The BPOU has the right, but not the obligation, to monitor all conduct and content submitted via the Website.
6. Term and Termination; Account Deletion
This Agreement begins on the date you first use the Website and continues until terminated in accordance with the provisions hereof.
The BPOU may suspend, disable, or delete your account (or any part thereof) if the BPOU determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage the BPOU’s reputation or goodwill. If the BPOU deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by the BPOU will terminate. In the event of account deletion for any reason, the content that you submitted may no longer be available. The BPOU shall not be responsible for the loss of such content.
7. Disclaimers; Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WEBSITE USERS. YOU UNDERSTAND THAT THE BPOU CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE BPOU ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE BPOU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. THE BPOU RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT WILL THE BPOU 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 THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE BPOU SERVICE OR PERSONS YOU MEET THROUGH THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU WILL LOOK ONLY WILL LOOK ONLY TO THE ASSETS OF THE BPOU, AN UNINCORPORATED ASSOCIATION, FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM THE BPOU. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF THE BPOU OR OF ANY COMMITTEE THEREOF SHALL BE LIABLE FOR ANY SUCH OBLIGATION.
The BPOU reserves the right to modify the Website. You are responsible for providing your own access to the Website. The BPOU has no obligation to screen or monitor any content and does not guarantee that any content available on the Website complies with this Agreement or is suitable for all users.
The BPOU provides the Website on an “as is” and “as available” basis. You, therefore, use the Website at your own risk. The BPOU 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, the BPOU makes no representations or warranties:
- That the Website will be permitted in your jurisdiction;
- That the Website will 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 or will be stored by the BPOU;
- That the BPOU will continue to support any particular feature of the Website, or continue to provide the Website;
- Concerning sites and resources outside of the Website, even if linked to from the BPOU.
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, and no warranties shall apply after such period.
We employ and maintain technology and security measures designed to protect your personal information. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to us or receive from us.
9. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. 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 the BPOU or to any other user. If the information provided to the BPOU, 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”):
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- involves the transmission of “junk mail”, “chain letters,” 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;
- infringes any third party’s copyrights or other rights (e.g., trademark, privacy 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.
10. 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 the BPOU and grant the licenses set forth above; (ii) The BPOU 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 the BPOU and its members, affiliates, directors, officers, employees, and agents, from and against all third-party actions that: (i) arise from your activities on the Website; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to the Website violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third-Party Copyrights and Other Rights Copyright Policy
The BPOU 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 the Website do not infringe any third-party copyright.
The BPOU will promptly remove materials in accordance with the Digital Millennium Copyright Act if appropriately notified that the materials infringe a third party’s copyright. In addition, The BPOU may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Minnesota, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to these Terms of Service or your use of the Website must be commenced in the courts located in Hennepin County, Minnesota, United States of America (and you consent to the jurisdiction of those courts). In any such action, the BPOU 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 the BPOU in exercising any right hereunder will waive any further exercise of that right. The BPOU’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure 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 the BPOU’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 the BPOU electronically. The BPOU may provide all such communications by email or by posting them on the Website. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at [email protected]. Nothing herein shall limit the BPOU’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 the BPOU on the Website or a written amendment signed by an authorized representative of the BPOU. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between the BPOU and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
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