Terms of Service

These Terms of Service (“TOS”) apply to all persons and organizations that use this website (the “Site”) , which is sponsored by Women’s March Inc, a New York nonprofit corporation exempt from federal taxation under section 501(c)(4) of the Internal Revenue Code of 1986 as amended (“Women’s March”) . Any visitor to this Site or user of any of the tools or applications available on this Site is referred to as “you.” By visiting this Site, you agree to be bound by the Privacy Policy set forth at https://www.womensmarch.com/privacy-policy. By using the petition and events platform available through this Site (the “Action Hub” function), you agree to be bound by the Terms of Service (“TOS”) below; and if you are an organization desiring to use the Action Hub and signing up for a Digital Partner Account, your organization agrees to be bound by the special terms of service set out below for the Digital Partner Program (“DPP TOS”). The legally binding terms of these TOS set out the rights, obligations and restrictions of you and/or your organization regarding use of Action Hub and, if applicable, participation in the Digital Partner Program. You are only authorized to use the Action Hub if you agree to abide by all applicable laws and these TOS. The Action Hub is an online application allowing individuals and organizations to initiate an online event or petition campaign and send emails encouraging recipients to electronically register for the event or sign onto the petition. You or your organization will be given access to the Action Hub to be able to create an event or petition (“Action”), obtain a link to the page on the Action Hub website (the “Site”), and send the link in a message to email addresses from the Partner’s list. The term “Action” in these TOS refers to an event or petition created within the Action Hub. The term “you” in these TOS includes your organization, if your organization is creating the Action and/or signs up for a Digital Partner Program account. Contents of Actions. The Action Hub may not be used for any purpose whatsoever other than to create, circulate and transmit events or petitions on public policy issues, policies and legislation in accordance with these TOS. Women’s March has the right to prohibit you from using the Action Hub to transmit any petition that does not comply with the following restrictions and to remove from the Site at any time any Event that does not comply with these restrictions: In no event can the Action Hub be used for any commercial or for-profit endeavor or purpose. If an Action references a state or local elected official or candidate for state or local office, it is your responsibility to determine if the dissemination of the Action page or use of the Action Hub constitutes a contribution for purposes of any state or local campaign finance law; and to refrain from disseminating the petition if its dissemination would result in such a contribution; or would require registration or reporting by Women’s March under any state or local law applicable to grassroots lobbying. An Action may not include any content that, as determined by Women’s March in its sole discretion: infringes upon or violate any third-party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party’s copyrighted work; promotes and/or encourage illegal or unlawful activity in any country; is defamatory, libelous or slanderous in nature; advocates hate, violence, abuse, threats or harm against any group, individual or entity; harasses or encourage others to harass any group, individual or entity; is racially, ethnically or otherwise objectionable; is vulgar, obscene, profane, pornographic and/or otherwise offensive in nature; discloses third-party confidential, private or trade secret information; violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography hatred or physical harm of any kind; or is inconsistent with the goals, objectives, philosophies, and/or purposes of Women’s March. Women’s March Dissemination of Action. Women’s March will have the right, in its sole and absolute discretion, to disseminate any Action to all or any portion of Women’s March’s own list of email records, during all or any portion of the period during which the Action is posted on the Action Hub. Such dissemination will be referred to as Women’s March Distribution. Access to and Use of Identity of Action Sign-on. Each recipient desiring to support an Action will be asked to provide their name and zip code, to be transmitted to the public official, agency, corporation or organization to whom or which the Partner Action is directed. Partner will have the right to maintain the names and zip codes of Action signers. Access to and Use of Email Addresses. Each recipient of an Action who signs on to the Action as a result of an email sent by you (“Action Signons”) will be advised on the action page that he or she is opting in to receive future e-mails from Women’s March unless they de-select that option. Women’s March Inc. and its sister organization, Women’s March Network, shall have the right to send emails to all email addresses of Action Signons that have opted in. Intellectual Property Rights—(a) Action Hub. All copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works incorporated into and utilized on the Action Huband the Site shall be and remain the sole and exclusive property of Women’s March (“Women’s March Intellectual Property”). Partner may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Women’s March Intellectual Property. (b) Actions—You retain the copyright and other intellectual property rights in and to the content of each Action you create, to the extent that you have has such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting an Action, you grant to Women’s March Inc. and Women’s March Network (a) a royalty-free, world-wide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce, distribute, modify, adapt, and publicly display the Action and its content within the Site and/or on the Action Hub; and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of the content of the Action in any or all media throughout the world for the purpose of transmitting or publicizing any Action and/or the contents thereof and or any information or data relating to such; (iii) the perpetual and irrevocable right to delete any or all of the Action, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of the Action, results and numbers of sign ons, as Women’s March may deem necessary or desirable for purposes of enhancing, debugging, testing and/or providing support services in connection with the Site or the Action Hub. Representations and Warranties as to Content. You represent and warrant that no Action will include or incorporate any material, writing, visual work, symbol, logo, trade name or data of any kind in which any third party has a copyright, trademark or other right without obtaining the prior express written consent of the owner of such proprietary rights. You further represent and warrant that the content of any Action will not be defamatory, libelous or slanderous in nature and will not violate or promote any violation of any federal, state or local law or the laws of any country. Limitation of Liability. (a) Women’s March reserves the right to interrupt the Action Hub or the Site with or without prior notice for any reason or no reason. Partner agrees that Women’s March will not be liable for any interruption of the Action Hub or the Site, delay or failure to perform. Women’s March assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, telephone system or communications lines failures, or theft or destruction or unauthorized access to, or alteration of, user communications. Women’s March is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to your or to any other person’s phone or computer related to or resulting from participating or downloading materials in connection with the Action Hub. (b) Under no circumstances will Women’s March be responsible for any loss or damage, resulting from anyone’s use of the Action Hub or the Site or any interactions between you and persons proposing or signing actions or between signers, whether online or offline. The Action Hub is provided “AS-IS” and (to the extent legally permitted) Women’s March expressly disclaims any warranty of fitness for a particular purpose and further expressly disclaims any implied warranty and terms and conditions. Women’s March cannot guarantee and does not promise any specific results from use of the Action Hub or the Site. (c) Except where restricted or prohibited, in no event will Women’s March be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from Partner use of the Action Hub or the Site, or of termination of your account, even if Women’s March has been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to Partner. You hereby agree to release Women’s March Inc., Women’s March Network and their respective officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Action Hub or the Site. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Indemnification You agree to indemnify and hold Women’s March Inc. and Women’s March Network harmless form and against any damages or losses incurred because of or resulting from any claim, action, suit, proceeding or investigation asserted or initiated by a third party, based upon or arising out of the breach by you of any warranty, representation or covenant of Partner set forth in these TOS. DIGITAL PARTNER PROGRAM By participating in the Digital Partner Program (“DPP”), your organization (“Partner”) represents and warrants to Women’s March that: Partner is a nonprofit organization exempt from taxation as a charitable or educational organization under section 501(c)(3) of the Internal Revenue Code of 1986 as amended (the “Code”); a social welfare organization exempt under section 501(c)(4) of the Code; a labor organization; or a political organization or committee. Partner does not sell or rent email addresses to other organizations; sends emails only to recipients who have opted-in to receive e-mails from Partner; and includes an unsubscribe link in every e-mail sent. Partner uses a standard tool or application to manage its email list. Partner is committed to developing effective online campaigns incorporating issues that affect women, including measurable goals and theories of change. Partners will be permitted, by the Action Hub, to: Create customized share messages; Customize follow-up e-mails to include specific actions steps or asks; Download and retain the full list of sign-ons and attendees and associated records, and to e-mail records on that list at any time, for any purpose serving the Partner’s mission, operation or programs. Women’s March reserves the right to terminate the account of any Partner for violation of any of these TOS.