Terms of Service

Our Service

The Service allows you to discover, watch and share artwork that supports the initiatives of the Biden Campaign. 

Your Service Provider

The entity providing the Service is Creatives for Biden, a group of volunteers working as a practice group within Innovators for Biden, an affinity group of the Biden for President campaign (referred to as “Creatives for Biden”, “we”, “us”, or “our”). 

Applicable Terms

Your use of the Service is subject to these terms, the Creatives for Biden Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this “Agreement”). Your Agreement with us will also include the Advertising on Creatives for Biden Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You must be at least 13 years old to use the Service. 

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. 

Businesses

If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text, and other materials whether provided by you, Creatives for Biden or a third-party (collectively, “Content”).

Content is the responsibility of the person or entity that provides it to the Service. Creatives for Biden is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. 

We will process any images, audio or audiovisual content uploaded by you to the Service in accordance with the Creatives for Biden Data Processing Terms.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. 

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Creatives for Biden and, if applicable, the respective rights holders;

circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Creatives for Biden’s robots.txt file; or (b) with Creatives for Biden’s prior written permission; 

collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;

use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

cause or encourage any inaccurate measurements of genuine user engagement with the Service,

misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

run contests on or through the Service that do not comply with Creatives for Biden’s contest policies and guidelines;

use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Creatives for Biden policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Creatives for Biden videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Creatives for Biden.

Changes to the Service

Creatives for Biden is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements. 

Your Content and Conduct

Uploading Content

If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Creatives for Biden Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to Creatives for Biden and other users of the Service, as described below.

License to Creatives for Biden

By providing Content to the Service, you grant to Creatives for Biden a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Creatives for Biden’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.

For the avoidance of doubt, you acknowledge that the Service and Creatives FOR Biden intend to make the Content you upload available to users and other third parties to reproduce in or on physical objects (such as lawn signs, mugs, and t-shirts) to promote the Biden for President campaign.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Creatives for Biden may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. 

Removing Your Content

You may remove your Content from the Service at any time by contacting Creatives for Biden in writing. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By Creatives for Biden

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Creatives for Biden, our users, or third parties, we may remove or take down that Content in our discretion

Copyright Protection

If you believe your copyright has been infringed on the Service, please send us a notice.

Creatives for Biden’s policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. Reach out to Creatives for Biden in writing and request your content to be removed.

Terminations and Suspensions by Creatives for Biden for Cause

Creatives for Biden may suspend or terminate your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Creatives for Biden or our Affiliates.

Terminations by Creatives for Biden for Service Changes

Creatives for Biden may terminate your access to all or part of the Service if Creatives for Biden believes, in its sole discretion, that provision of the Service to you is no longer commercially viable. 

Effect of Account Suspension or Termination

If your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only), and this Agreement will continue to apply to such use. If you believe your access has been terminated in error, you can appeal by writing to Creatives for Biden.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.  

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND CREATIVES FOR BIDEN DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.  

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, CREATIVES FOR BIDEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;

ANY INTERRUPTION OR CESSATION OF THE SERVICE;

ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

ANY CONTENT WHETHER SUBMITTED BY A USER OR CREATIVES FOR BIDEN, INCLUDING YOUR USE OF CONTENT; AND/OR

THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

CREATIVES FOR BIDEN AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT CREATIVES FOR BIDEN HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO CREATIVES FOR BIDEN, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Creatives for Biden, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Creatives for Biden. Creatives for Biden has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Modifying this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Creatives for Biden will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and Creatives for Biden consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND CREATIVES FOR BIDEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.