This End User License Agreement is between you and the Human Rights Campaign (“HRC”), and governs your use of the “Buy4Equality App” (“the App”).
You agree to use the App only in accordance with the foregoing requirements. If you do not agree to the current version of these terms, you are not entitled to use the App and must click on the button marked “I do not agree” or otherwise terminate installation and use of the App. Your use of the App will be subject to this EULA.
Subject to this EULA, HRC grants you a non-transferable, non-exclusive, non-assignable limited license (without right of sublicense) to install and use one copy of the App on your device in machine executable object code form, for the sole and limited purpose of your personal use. This App is licensed, not sold, to you under this EULA. You have no ownership rights in, or related to, the software, any services or functionality provided by the App (“Services”) or any related documentation. HRC retains all right, title, and interest in and to the original, and any copies, of the App and Services (including any changes, modifications, or corrections thereto) and any related documentation.
Third Party Materials and Links
YOU AGREE THAT HRC WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTIES LINKED THROUGH THIS APP.
If you choose to enable Location Services for this App, the App may make use of the location data sent from your device to provide you with more geographically relevant content and Services. You can turn off this functionality at any time by disabling Location Services in the settings for the App on your device. If you enable Location Services, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based Services for the App. You may withdraw this consent at any time by disabling the Location Services functionality in the settings for the App on your device. Some features and functionality may not be available if Location Services are disabled.
Content, Copyrights, Trademarks, and Other Restrictions
The rights granted by this EULA are limited. You may not assign this EULA or any of the rights or licenses granted under this EULA or sell, rent, lease, license, sublicense, distribute, transfer lend or otherwise grant any right in the App to any person or entity in whole or in part. Any attempted sublicense, transfer, or assignment in violation of this EULA is void and terminates this EULA.
You may not copy, reproduce, port, translate modify, distribute, scrape, create derivative works based on the App or Services or in any other manner duplicate the App or Services, on whole or in part; decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the App or Services by any means; remove any proprietary notices, labels or marks from the App or Service; or knowingly take any action that would cause the App or Services to be placed in the public domain.
The App and the content made available by HRC through the Services (the “Content”), including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by HRC and/or its licensors and suppliers.
Except as provided herein or as permitted by law, you may not upload, post, reproduce, copy, modify, publish, transmit, sell, offer for sale, or redistribute the App or the Content in any way without the prior written permission of the owner of the copyright or other proprietary right. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. No title, rights, or interests in any downloaded materials from this site are afforded to you as a result of such downloading for personal, noncommercial use.
You acknowledge that the App contains proprietary trade secrets as well as patented inventions and patent pending technologies owned by HRC and/or its licensors and suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
The names, logos, and materials displayed in the App constitute trademarks, trade names, service marks or logos (“Trademarks”) of HRC or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with HRC or those other entities. Third-Party Trademarks contained in or used by the App or Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such third-party Trademarks does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such third-party companies and its licensors and its products or services.
Changes and Updates to the App or Services and Compatibility
HRC will have no obligation to provide the App or the Services, may change the form and nature of the App or Services at any time with or without notice to you, and may cease providing the App or Services at any time with or without notice to you.
HRC may choose to provide updates to the App from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the App, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you download and use any such update to the App.
HRC does not represent or warrant that any version of the App will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the App. The App may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). HRC does not undertake any obligation to provide the App to you in a way that is compatible with your hardware or software.
United States Only Restriction
The App and the Services, including the information pertaining to HRC, is intended for use only by residents of the United States. It may not comply with legal requirements of foreign countries. Other countries may have laws or regulatory requirements that differ from those in the U.S. Any portion of the App, the Services or any product or service is void where and to the extent prohibited by law.
Please note that certain information will be collected automatically by the App. By using the App, you agree to the collection, retention and processing of all data collected automatically by the App or input by you into the App. This information may include the physical location of your DEVICE.
If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at Robert Falk, General Counsel, Human Rights Campaign, 1640 Rhode Island Ave NW, Washington, DC 20036 and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of or a representative list of the work you believe has been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HRC to locate the material;
- Information reasonably sufficient to permit HRC to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to use the App only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the App or Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the App will not be tolerated, including by means of hacking or defacing any portion of the App, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the App any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, homophobic, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
We reserve the right to terminate or suspend this EULA without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
Access to the App and Wireless Carrier Charges
You acknowledge that by using the internet to use the App or Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, and that payment of any such charges will be your sole responsibility. You agree that your use of the App or Services will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet access. HRC does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Disclaimer of Warranty
THE APP AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP AND SERVICES IS WITH YOU. SHOULD THEAPP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
ALL WARRANTIES WITH RESPECT TO THE APP AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.
HRC AND ITS SUPPLIERS MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE APP’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THEY DO NOT WARRANT THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE APP OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO HRC TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL HRC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE APP OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES, EVEN IF HRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that HRC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HRC liability will be equal to the amount the user paid for the App or the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless HRC, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, from your use of the App or Services or resulting from any violation by you of this EULA, to the fullest extent allowed by law.
This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the App and related documentation under your control. All license rights granted to you will immediately terminate if you violate any of the terms of this EULA, but all other provisions of this EULA will survive such termination.
This EULA is the entire agreement between you and HRC with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the App) concerning the subject matter of this EULA. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA.
This EULA is governed by the laws of the District of Columbia, as such laws apply to contracts between District of Columbia residents entered into and performed entirely in the District of Columbia, notwithstanding your place of residency or District of Columbia conflicts of law provisions. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.
Failure by HRC to prosecute any right with respect to a default hereunder will not constitute a waiver by HRC of the right to enforce rights with respect to the same or any other breach.
You may contact us at: http://www.hrc.org/.