Welcome to the Salsa Labs, Inc. (“Salsa Labs” or “Us” or “Our” or “We”) Services. We hope You enjoy the experience!
These Salsa Labs Terms of Service (“Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as the platform located at hq.salsalabs.org including any software or mobile application that we make available to provide access to the Services (all of which are referred to in these Terms as the “Services”).
READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICES. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue these Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them within the Services and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided when registering for these Services. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using these Services. Continued use of these Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages within the Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using the Services, You promise that You are at least 18 years of age with the right to bind the organization, company or other entity on whose behalf You are agreeing to these Terms. For purposes of these Terms, “You” shall mean such organization, company, or entity and any user whom such party permits to use the account registered with Salsa Labs.
We invite You to use these Services for purposes of (1) managing Your supporter lists (the “Supporter Lists”), (2) establishing websites, emails and other tools for communicating with supporters, volunteers, and potential supporters and volunteers, (3) managing Your own advocacy campaigns and online-presence, (4) enabling and managing fundraising activities; and (5) conducting other communications activities solely for the benefit of Your organization or company (collectively, the “Permitted Purposes”).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials for the period of time for which You have purchased access to the Services; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in these Services or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of these Services or Materials in any manner except as expressly permitted in these Terms. If You make copies of any of the Materials while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear within these Services.
Unfortunately, if You breach any of these Terms the above rights will terminate automatically, with or without notice from Us, and You must immediately destroy any downloaded or printed Materials (and any copies thereof) and cease use of the Services.
We may make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
In order to access certain password-restricted areas of the Services and to use certain Materials offered on and through these Services, You must successfully register an account with Us.
If You want an account with Us, You must submit the following information through the account registration page on these Services:
You may also provide additional, optional information so that We can provide You a more customized experience when using these Services – but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access these Services, whether directly or through any account that You may setup through or within these Services. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of these Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access these Services. Should You believe Your password or security for these Services has been breached in any way, You must immediately notify Us.
You agree to pay all applicable fees related to Your use of these Services. Current pricing may be viewed from within the Services by logging in to Your account. We may suspend or terminate Your account and/or access to these Services if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized Services.
You acknowledge that Your costs for the Services shall be based upon the size of Your Supporter Lists used in connection with the Services and the subscription term selected by You. The cost of the Services for You shall be adjusted periodically based upon the size of such Supporter Lists. In addition, We may adjust pricing for the Services once during each calendar year, provided that such pricing shall not be increased by more than five percent (5%) over the replaced pricing for the Services.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees. Once terminated, We may permanently delete your account and all the data associated with it from our Platform and Your information will not be retrievable.
By using the Services, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
We think links are convenient, and We sometimes provide links on this Platform to third-party websites. If You use these links, You will leave these Services. We are not obligated to review any third-party websites that You link to from these Services, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from these Services, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain parts of the Services may allow You to interact and/or conduct transactions with one or more third-party websites and services.
You agree that We may submit Supporter Lists that You provide to us or otherwise upload to the Services to third parties who may append or otherwise add additional information to such Supporter Lists that is obtained from public and private data sources. You agree that You have all rights and permissions necessary to permit such submissions for any Supplier Lists that you submit to the Services.
To be clear, We authorize Your use of these Services only for Permitted Purposes. Any other use of these Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of these Services. This is because as between You and Us, all rights in these Services remain Our property.
Unauthorized use of these Services may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use these Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
The determination of whether your conduct or content is objectionable or otherwise contrary to commonly accepted community standards shall be made by Salsa Labs, in its sole and absolute discretion, or by any appropriate court or administrative agency with the authority to make such determinations.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
You may send bulk e-mail using the Services, but YOU MAY NOT SEND UNSOLICITED COMMUNICATIONS (“SPAM”) TO ANY RECIPIENT THAT HAS NOT AFFIRMATIVELY OPTED-IN TO RECEIVING SUCH COMMUNICATIONS FROM YOU. In addition to the requirements and limitations provided by these Terms, You must also comply with all applicable laws and regulations governing the transmission of e-mail, which expressly includes the CAN-SPAM Act of 2003.
You must maintain an audit trail for how you obtained each e-mail address that You entered into the Services and how each e-mail addressee affirmatively opted-in to receiving e-mail from You (“Audit Information”). You must provide all Audit Information requested by Us within ten (10) calendar days from the date of our request.
You must include a link in each e-mail sent through the Services that provides an automatic and functional method for a recipient to unsubscribe from your Supporter List.
You agree that We have the right to insert a brand at the bottom of each e-mail, webpage, or other communication or medium stored, generated, or transmitted by or through the Services. A brand may include, but is not limited to, an image with a hyperlink to a webpage, a tagline or other short statement indicating that We provided the services that distributed a given communication (e.g., “Empowered by Salsa Labs”), or Our logo.
Salsa Labs has implemented procedures to ensure that it is in compliance with the Payment Card Industry Data Security Standard (“PCI-DSS”), currently available at http://www.pcisecuritystandards.org. You and all third-party vendors or products that You may use to process payment card transactions, including donation and/or contribution transactions, must comply with the PCI-DSS and accept the limitations that compliance with the PCI-DSS imposes on the operation of the Services, donation and contribution processing, and the data that are available to You related to such transactions. Your Supporter List should not include data protected by the PCI-DSS or other sensitive data such as social security numbers, financial account data, or protect health information. You may not use the Services to solicit any credit card or payment card information other than through approved SSL secured webpages.
You grant to Salsa Labs a non-exclusive, world-wide, irrevocable, perpetual, royalty-free license to reproduce, distribute, and otherwise use and display any content you upload or use with the Services.
“Salsa Labs, Inc.” is a trademark that belongs to Us. Other trademarks, names and logos within the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them within the Services are Our sole property, Copyright © 2015 Salsa Labs, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing submissions that violate intellectual property rights of others, suspending access to these Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of these Services, please provide written notice to Our agent for notice of claims of infringement:
Attn: Jerald Sharum
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
You warrant that You have and will continue to have sufficient right to (1) use and provide any content You upload to or use with the Services, and (2) grant any rights and/or licenses necessary for Your use of the Services. Your warranty specifically applies to Your use of the Services as well as the use of the Services by Your supporters and end users.
THESE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE SERVICES IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THESE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of these Services or as to the accuracy or reliability of any information obtained through these Services. No advice or information, whether oral or written, obtained by You through these Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
You will indemnify Us and any contractors, agents, employees, officers, directors, shareholders, and affiliates that We may use to provide the Services for any losses, liabilities, damages, expenses, and costs, including reasonable attorney fees, resulting from any claim or demand by third parties arising out of or related to any negligent or otherwise wrongful act committed by You or on Your behalf, including breach of this Agreement and any violation of applicable laws or regulations related to Your use of the Services.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOU DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THESE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. THE CUMULATIVE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO US BY YOU DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
We control and operate these Services from Our headquarters in the United States of America and the entirety of these Services may not be appropriate or available for use in other locations. If You use these Services outside the United States of American, You are solely responsible for following applicable local laws.
You warrant that your use of the Services will comply with all applicable data protection, privacy, and technology laws and regulations effective in the countries in which You are sending any form of communication through the Services, including e-mail, instant messaging, SMS, and MMS. It is Your responsibility to know what the rules are in the countries in which You operate and to follow them accordingly. You are responsible for determining whether the Services are suitable for You to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If You are subject to regulations (like HIPAA) and You use the Services, You understand that we do not make any promises or representations that the Services s meets the requirements of those laws and regulations. In addition to the requirements above, You represent and warrant that You:
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
You grant to Salsa Labs a non-exclusive, irrevocable, perpetual, world-wide, royalty-free license to reproduce, distribute, and otherwise use the following in our marketing materials: your name; the name of any organization related to Your account; Your trademarks, service marks, and other indicia of ownership; and e-mails, web pages, and other communications stored, generated, or transmitted by the Services (collectively, “Licensed Information”). This grant includes reproductions, distributions, and uses of Licensed Information in print and electronic forms, as well as making Licensed Information available on the Internet for viewing or downloading, but does not include the right for Salsa Labs to reproduce, distribute, or otherwise use Your Supporter Lists except as provided by this Agreement. You retain such ownership interests in Licensed Information, subject to this license, as you would otherwise hold.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to these Services without prior notice to You. The Federal Arbitration Act, District of Columbia law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in the District of Columbia, USA. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between everyone about these Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at firstname.lastname@example.org.