Terms of Service & Conditions
This Website, http://somos.presente.org/ (the “Site”) is operated by Presente (“We” or “Us” or “Presente”). Presente is a non-profit organization legally incorporated in the State of California.
The purpose of the SOMOS Presente (“SOMOS”) Website is to facilitate your leadership to change the issues you care about most, through accordance with Presente’s mission of utilizing the internet to strengthen the Latinx political voice, and ensuring that the diversity of Americans are represented, served, and protected - regardless of race or class.
2. Creating a Campaign
2.1 You may use our Website to create one or more campaigns to advocate any cause that is consistent with Presente’s mission, and does not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, nationality, class sexuality or religion. 2.2 To create a campaign using our Website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete and change it when necessary to represent current accuracy. 2.3 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account. 2.4 You must notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising in connection with any unauthorized use of your account. 2.5 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):
a. From the individuals and organizations who have signed your campaign; b. From Presente, in relation to your campaign and other campaigns created on our Website; and c. From our trusted partners in relation to other campaigns and causes that we think may be of interest to you. 2.6 You may unsubscribe from messages sent by us and/or our trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails. 2.7 As the creator of a campaign, you will have access to the names phone numbers and other personal information of the individuals signing your campaign, either for him/herself or on behalf of an organization (“Campaigners' Details”). 2.8 You may use the Campaigners' Details for the sole purpose of sharing information directly relating to the campaign (such as sending updates on the number of signatures reached). You must not send more than 3 messages per week to any individual or organization. 2.9 You must immediately stop sending messages (including by email, SMS and MMS) to anyone who asks to be unsubscribed from your communications. 2.10 You acknowledge that Presente has no control over the messages sent to you by the individuals or organizations who sign your campaign. 2.11 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website and any messages you receive from other users of our Website.
3. Signing a Campaign
3.1 If you would like to sign any campaign on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign.
3.2 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):
a. From the creator of the campaign in relation to the campaign you have signed b. From us in relation to other campaigns created on our website; and c. From our related bodies corporate and trusted partners in relation to other campaigns and causes that we think may be of interest to you.
3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.
3.4 You acknowledge that: a. When you sign a campaign on our website, your name, postalcode and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign; b. The creator of the campaign may export the campaign, together with any information you have posted on our website in connection with the campaign (including your name, post code, phone number and comments), and provide the campaign to the individual or organization being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign; and c. Where appropriate and at our discretion, we may disclose your email address to the creator of the campaign for the purpose of providing it to decision makers or presenting the petition to the individual or organization being petitioned; and d. We have no control over the messages sent to you by the creator of the campaign. 3.5 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.
4. Your Content
5. Using our Website
6. Closing your account
7.1 You use our website at your sole risk. 7.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current. 7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website. 7.4 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise). 7.5 You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, and your conduct with respect to our website and other users of our website.
8. Account Security
8.1 By registering with [SOMOS Presente], you will receive a password and personal account information. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Presente of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Presente and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. General Terms
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Presente or users of the Site or expose them to liability. For any commercial purpose.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Site.
Dealings With Advertisers and Merchants
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Site, including payment and delivery of related goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that Presente shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Site.