End User License Agreement
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Terms & Conditions
LatinoJustice PRLDEF Cada Voto Cuenta Voter Protection Mobile Application
End User License Agreement
(Effective: October 24, 2016)
This End User License Agreement (“Agreement”) is a binding agreement between You (“You” or “Your”) and LatinoJustice PRLDEF, Inc. and its officers, directors, agents, representatives, assigns, subsidiaries, joint ventures, and employees (collectively “LatinoJustice PRLDEF”, “we”, “us”, or “our”). This Agreement governs Your use of the LatinoJustice PRLDEF Cada Voto Cuenta Voter Protection mobile application, updates, documentation and all content and services provided by or through that mobile application (collectively, the “Application”). The Application is licensed, not sold, to You, and LatinoJustice PRLDEF and its licensors retain all right, title and interest in and to the Application.
a. You are aware of, and will adhere to, all applicable federal, state, local, national or international laws in Your operation of the Application. The Application is only intended for use in the states of Florida, Georgia, New York, North Carolina, and Pennsylvania. Without limiting the foregoing, You acknowledge that You understand and will comply with the following state law restrictions in connection with Your use of the Application:
(a) UNDER FLORIDA STATE LAW, IT IS ILLEGAL TO “solicit voters” inside A polling place or within 100 feet of the entrance to any polling place or early voting site. “SOLICITATION” INCLUDES seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; AND DOES NOT INCLUDE conducting EXIT POLLS;
(b) UNDER GEORGIA STATE LAW, IT IS ILLEGAL TO SOLICIT VOTES OR CONDUCT ANY EXIT OR PUBLIC OPINION POLL IN ANY POLING PLACE, WITHIN 150 FEET OF THE POLLING PLACE, OR WITHIN 25 FEET OF ANY VOTER STANDING IN LINE TO VOTE AT ANY POLLING PLACE;
(c) UNDER NEW YORK STATE LAW, IT IS ILLEGAL TO ELECTIONEER within A polling place, or in any public street, within a 100 foot RADIUS OF A polling place;
(d) Under North Carolina law, it is illegal to hinder access, harass others, distribute campaign literature, place political advertising, solicit votes, or otherwise engage in election-related activity in the voting place or within a buffer zone set by the county board of elections. The buffer zone is usually 50 feet from the entrance of the voting place, but can be decreased to as low as 25 feet by the county board of elections; and
(e) UNDER PENNSYLVANIA STATE LAW, IT IS ILLEGAL TO SOLICIT OR ELECTIONEER VOTES FOR ANY POLITICAL PARTY, POLITICAL BODY OR CANDIDATE WITHIN THE POLLING PLACE OR WITHIN TEN (10) FEET OF THE POLLING PLACE. THIS PROHIBITION ON SOLICITING AND ELECTIONEERING INCLUDES A PROHIBITION ON POSTING WRITTEN OR PRINTED SOLICITATION MATERIAL WITHIN THE ROOM WHERE VOTING WILL OCCUR.
(ii) Recording at Voting Location
(a) UNDER FLORIDA STATE LAW, IT IS ILLEGAL TO PHOTOGRAPH A POLLING ROOM OR EARLY VOTING AREA;
(b) UNDER GEORGIA STATE LAW, IT IS ILLEGAL TO USE ANY RECORDING DEVICE (INCLUDING PHOTO, VIDEO, OR CELLULAR) IN A POLLING PLACE WHILE VOTING IS TAKING PLACE;
(c) UNDER NEW YORK STATE LAW, IT IS ILLEGAL TO MAKE A RECORD OF ANYTHING OCCURRING WITHIN A VOTING BOOTH;
(d) UNDER NORTH CAROLINA LAW, IT IS ILLEGAL TO PHOTOGRAPH, VIDEOTAPE, OR OTHERWISE RECORD THE IMAGE OF ANY VOTER WITHIN THE VOTING ENCLOSURE WITHOUT PERMISSION OF THE BOTH THE VOTER AND THE CHIEF JUDGE OF THE PRECINCT. IT IS ALSO ILLEGAL TO RECORD THE IMAGE OF ANY OFFICIAL BALLOT; and
(e) UNDER PENNSYLVANIA STATE LAW, THERE ARE NO LAWS PROHIBITING THE RECORDING OF IMAGES OR AUDIO OF A POLLING PLACE. IT IS, HOWEVER, ILLEGAL TO ALLOW THE BALLOT OR THE FACE OF THE VOTING MACHINE VOTED BY HIM TO BE SEEN BY ANY PERSON WITH THE APPARENT INTENTION OF LETTING IT BE KNOWN HOW HE IS ABOUT TO VOTE.
(iii) Consent to Record
(a) UNDER FLORIDA STATE LAW, ALL MEMBERS OF AN IN-PERSON CONFIDENTIAL COMMUNICATION MUST GIVE PERMISSION TO BE RECORDED, UNLESS THE COMMUNICATION IS MADE AT A PUBLIC MEETING OR THE PARTIES HAVE NO REASONABLE EXPECTATION OF PRIVACY IN THE CONVERSATION;
(b) UNDER GEORGIA STATE LAW, IT IS LEGAL TO RECORD AN ORAL CONVERSATION WHERE EITHER: (i) ONE PERSON IS A PARTY TO THE CONVERSATION OR (ii) AT LEAST ONE PERSON HAS CONSENTED TO THE RECORDING;
(c) UNDER NEW YORK STATE LAW, IT IS ILLEGAL TO RECORD A CONVERSATION WITHOUT THE CONSENT OF AT LEAST ONE PARTY TO THE CONVERSATION, UNLESS THE PARTIES TO THE CONVERSATION HAVE NO REASONABLE EXPECTATION OF PRIVACY IN THE CONVERSATION;
(d) Under North Carolina law, it is illegal to record an oral communication without at least one party to the communication’s consent; and
(e) UNDER PENNSYLVANIA STATE LAW, IT IS ILLEGAL TO INTERCEPT OR RECORD A TELEPHONE CALL OR CONVERSATION UNLESS ALL PARTIES TO THE CONVERSATION CONSENT, UNLESS THE COMMUNICATION IS MADE AT A PUBLIC MEETING OR THE SPEAKER IN THE CONVERSATION DOES NOT HAVE AN EXPECTATION THAT SUCH COMMUNICATION IS NOT SUBJECT TO INTERCEPTION UNDER CIRCUMSTANCES JUSTIFYING SUCH EXPECTATION.
The foregoing summary of state law does not constitute legal advice, and for any specific questions regarding the legality of recording an event in a specific jurisdiction, You should consult an attorney.
b. the content sent to or from Your mobile phone or device – including, but not limited to, videos, images, locations, Video Reports, Voter Reports, Witness Reports, files or any other materials posted on, transmitted through, or linked from the Application (collectively, the “Content”), is the sole responsibility of the person, individual or the organization, from which such Content was transmitted and/or requested. This means that You, and not LatinoJustice PRLDEF, are entirely responsible for all Content that You transmit via the Application. You understand that all Content posted on, transmitted through, or linked from the Application, are the sole responsibility of the person from whom such Content originated. You understand that LatinoJustice PRLDEF reserves the right to retain indefinitely all Content and related information that results from Your use of the Application. You understand that LatinoJustice PRLDEF does not control or endorse, and is not responsible for any Content submitted, posted on, transmitted through, or linked from the Application. You agree that You must evaluate, and bear all risks associated with, Your use of the Application, as well as Your use of any Content; that You may not rely on the Content; and that under no circumstances will LatinoJustice PRLDEF, its affiliates and/or third-party vendors be liable in any way for any Content or for any loss or damage of any kind incurred as a result of Your use of any Content made available to You via the Application. You acknowledge that LatinoJustice PRLDEF does not pre-screen or approve Content, but that LatinoJustice PRLDEF shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the Application, for violating the letter or spirit of this Agreement, or for any other reason.
c. You specifically agree not to use the Application:
(1) to impersonate any person or entity, including, but not limited to, a LatinoJustice PRLDEF official, officer, employee, representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(2) to send Content to LatinoJustice PRLDEF that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(3) to interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application;
(4) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;
(5) to stalk or otherwise harass another;
(6) to harvest or otherwise collect or store personal data about other users;
(7) to send Content that is harmful to minors in any way; or
(8) to play pranks on, falsely report events, harass or otherwise mislead any recipient or viewer of the Content.
You agree that the Application allows for, upon activation and opt-in, SMS notifications from LatinoJustice PRLDEF relating to Your use of the Application. You may opt out of receiving SMS notifications by changing the Application settings or Your mobile device settings. You also agree that, from time to time, LatinoJustice PRLDEF may notify You through the Application, to provide You with information regarding or related to the Application.
You understand that the technical processing and transmission of Content over the Application, including any information You provide, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
2. License to You.
a. License Grant. Subject to the terms of this Agreement, LatinoJustice PRLDEF grants You a limited, non-exclusive, non-transferable, non-commercial, revocable, license (the “License”) to access, download and install the Application on a personal computing device or mobile phone that You own or control (the “Mobile Device”), and to use the Application solely for Your personal, non-commercial use. The terms of this license will govern any upgrade provided by LatinoJustice PRLDEF that replaces and/or supplements the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
This license is for use of the Application on a single Mobile Device owned or controlled by You. This license does not allow You to use the Application on any Mobile Device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application.
b. License Restrictions. Unless otherwise authorized by this Agreement or in a written authorization signed by LatinoJustice PRLDEF, You will not, and You will not permit any other person to:
i. copy the Application;
ii. modify, translate, adapt, or otherwise create derivative works or improvements of the Application;
iii. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application;
iv. transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright, publicity right, privacy right, or other proprietary right of LatinoJustice PRLDEF or any other person;
v. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
vi. reverse engineer, decompile, disassemble, decode or otherwise attempt to derive or gain access to all or any part of the source code of the Application;
vii. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
viii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions;
ix. transmit, access, or communicate any data that You do not have a right to transmit;
x. interfere with or disrupt any other person’s use of the Application;
xi. violate local, state, national or international law, rules, regulations, executive orders or policies relating to the use of the Application;
xii. transmit, access, or communicate any data that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
xiii. monitor traffic or make search requests in order to accumulate information about individual users.
4. Your Safe Use of the Application. During Your use of the Application, please be aware of Your surroundings and use the Application safely. You agree that Your use of the Application is at Your own risk, and it is Your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as You deem reasonably necessary for any injuries that You may incur while using the Services. You also agree not to use the Application to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and You agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, You agree that in conjunction with Your use of the Application You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, LatinoJustice PRLDEF disclaims all liability related to any property damage, personal injury, or death that may occur during Your use of the Application, including any claims based on the violation of any applicable law, rule, or regulation or Your alleged negligence or other tort liability. Further, in the event that You have a dispute with one or more other users of the Application, You release LatinoJustice PRLDEF from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Video or audio submissions of alleged violations of voter rights(“Video Reports”);
- Written submissions of alleged violations of voter rights (“Voter Reports”);
- Witness reports of alleged violations of voter rights (“Witness Reports”); and
Your physical location (by opting in to the Application’s collection of this data through the “Location of Polling Place/Incident” feature) (“Geo-location Information”).
6. Not a solicitation. Neither the Application, any of the Application’s Content, nor the forms for the Video Reports, Voter Reports, or Witness Reports is a solicitation or an offer by LatinoJustice PRLDEF to represent You. We cannot promise You that the information You provide will lead to any specific action on the part of LatinoJustice PRLDEF.
7. Attorney-Client Privilege – Where It Applies.
a. Voter Reports.The purpose of the Voter Reports is (1) to assist with documentation of potential state or federal voting rights violations and/or (2) LatinoJustice PRLDEF’s potential legal representation of You and/or (3) any legal actions regarding voting rights or policy reports addressing voting rights undertaken by LatinoJustice PRLDEF in connection with the Voter Report You submit. Such Voter Reports are ordinarily protected by the attorney-client privilege and attorney work product privilege. In order to preserve the attorney-client privilege and attorney work product privilege, You must not disclose the contents of the Voter Report to any person other than LatinoJustice PRLDEF.
b. Witness Reports. Because Witness Reports are intended to convey information about an incident to which You were a witness, and not a subject, LatinoJustice PRLDEF does not treat Witness Reports as confidential. Do not send use the Witness Reports feature for any communications You intend to be confidential. Before submitting a Witness Report containing the personal information of another individual, confirm that You have the individual’s consent to do so.
c. Video Reports.As Video Reports are intended to contain documentary evidence rather than any communication, LatinoJustice PRLDEF does not treat Video Reports as confidential or protected by the attorney-client privilege. Do not use the Video Reports feature to send LatinoJustice PRLDEF video recordings of any communications You intend to be confidential. You acknowledge that You are solely responsible for any Video Report You upload to the Application. By uploading a Video Report to the Application, You certify that You have received the consent of all parties in the Video Report to share the Video Report with LatinoJustice PRLDEF. LatinoJustice PRLDEF is not responsible for any Content, including Video Reports, that is uploaded or otherwise shared through the Application. We may share or disclose part or all of the Video Reports You share with LatinoJustice PRLDEF to any person or organization, or directly to the general public, if we believe such a disclosure would further the Application’s purpose, and LatinoJustice PRLDEF’s mission, of protecting voter rights. By using the Application, You consent to LatinoJustice PRLDEF’s use of any Video Reports as described in this section 7(b).
8. Geographic Restrictions. The Application is intended for use by persons only while located within the following states within the United States of America: Florida, Georgia, New York, North Carolina, and Pennsylvania. This Application may not comply with the laws of other states or countries. You are prohibited from using the Application while outside of Florida, Georgia, New York, North Carolina, or Pennsylvania, and You agree, acknowledge and understand that You are responsible for complying with all applicable state laws, including those listed in Section 1(a) above.
9. Not Legal Advice; “Know Your Rights” Limitations. All material included in the Application – including the “Know Your Rights” feature – is for educational purposes only, and it is not intended as, nor is it a substitute for, legal advice, and shall not be construed as such by You or anyone else. If You want legal advice, You should not rely on the information You get from this Application and should speak with a lawyer to get advice on Your specific situation. LatinoJustice PRLDEF also cannot promise that any information made available through the Application is complete, accurate, or up-to-date.
10. Application Updates. LatinoJustice PRLDEF may at any time change or eliminate features and functionality of the Application, including through the use of bug fixes, patches and other updates (the “Updates”). Based on Your Mobile Device settings, when Your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. If You do not promptly download and install all Updates, the Application may not operate properly.
11. Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications) or provide links to third-party websites or services (“Third Party Materials”). LatinoJustice PRLDEF is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect. LatinoJustice PRLDEF does not assume and will not have any liability or responsibility to You or to any other person or entity for any Third Party Materials. Third Party Materials and any links to Third Party Materials are provided solely as a convenience to You and You access and use them at entirely Your own risk and subject to the third parties’ terms and conditions.
12. Term; Termination; Effect of Termination.
a. The License described in Section 2(a) begins when You download the Application and will continue until it has terminated as follows:
i. The License will terminate immediately and automatically without any notice if You violate this Agreement.
ii. LatinoJustice PRLDEF may terminate the License at any time without notice, for any reason or for no reason, in LatinoJustice PRLDEF’s sole and absolute discretion.
iii. You may terminate the License at any time by uninstalling the Application.
b. Upon termination of the License, You must stop using the Application and erase the Application from Your Mobile Device.
c. The other provisions of this Agreement will continue in full force and effect after termination of the License. Specifically, termination of the License will not limit LatinoJustice PRLDEF’s rights or remedies at law or in equity or release You from any claim for breach of the License or other provision of this Agreement that arose before the termination of the License.
13. No Warranty; No Liability For Damages.
a. No Warranty. THE APPLICATION IS PROVIDED “AS IS”, AND LATINOJUSTICE PRLDEF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, INCLUDING THAT THE APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY DEVICE OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, INCLUDING THE ACCURACY OF SUCH INFORMATION. LATINOJUSTICE PRLDEF, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, COURSE OF DEALING, AND USAGE IN THE TRADE. THESE DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. LATINOJUSTICE PRLDEF CANNOT AND DOES NOT WARRANT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
b. No Liability For Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LATINOJUSTICE PRLDEF, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE FOR (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF LATINOJUSTICE PRLDEF WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; OR (ii) MONEY DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION.
14. Choice of Law; Venue; Injunctive Relief. This Agreement will be interpreted under, and any dispute arising out of this Agreement or the Application will be governed by, the laws of the State of New York without reference to its conflict of law principles. You consent to the exclusive jurisdiction of and venue in the state and federal courts located in New York, New York and New York County, New York and will not assert any claim against LatinoJustice PRLDEF in any other courts. Any dispute will be limited to the dispute between LatinoJustice PRLDEF and You individually. To the full extent permitted by law, no legal proceeding will be joined with any other or decided on a class-action basis.
15. Indemnification. You (a) will indemnify, defend and hold harmless, and (b) hereby release, LatinoJustice PRLDEF, its licensors, and its and their respective officers, directors, members, employees, agents, affiliates, vendors, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, obligations, costs and/or expenses (including reasonable legal fees) which result from or arise out of Your use or misuse of the Application or related activities or Your violation of this Agreement. LatinoJustice PRLDEF will not represent You in any dispute or proceeding arising out of the use of this Application. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses. Furthermore, LatinoJustice PRLDEF assumes no responsibility for the Content – including, but not limited to, Video Reports, Voter Reports, and Witness Reports – You submit or make available through the Application.
a. Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected thereby.
b. Entire Agreement. This Agreement constitutes the entire agreement between You and LatinoJustice PRLDEF relating to the subject matter of this Agreement, and it supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.
c. Amendments. LatinoJustice PRLDEF may amend this Agreement at any time by posting an updated copy of this Agreement on its website, here, or by providing notice to You in any other way. Those amendments will be effective upon notice to You or by Your continued used of the Application. LatinoJustice PRLDEF will not be bound by any amendment to this Agreement unless that amendment is in writing and has been signed by an authorized representative of LatinoJustice PRLDEF.