Website Terms of Use


Last Updated: October 16, 2021

Welcome to the website of Democratic Socialists of America.  These Terms of Use (“Terms of Use” or “Agreement”) apply exclusively to your access to, and use of, Democratic Socialists of America website at www.dsausa.org, and to all associated subdomains, online services, and mobile applications (collectively, the “Website”).  The Website is a service offered by Democratic Socialists of America and its corporate affiliates (collectively, “us”, “we” or “DSA”). By accessing or using our Website you signify that you have read, understand and agree to be bound by the following Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Website.    

We reserve the right to modify these Terms of Use at any time, in which case the revised Terms of Use will appear on the Website and will indicate the date these terms were last revised. Continued use of the Website after we post any such changes will constitute your acceptance of the Terms of Use, as modified.

Privacy Policy 

We respect your privacy.  Please refer to our Privacy Policy which explains how we collect, use, and disclose information. When you access or use the Website, you signify your agreement to the Privacy Policy as well as these Terms of Use.  

Eligibility

By using this Website, you represent and warrant that: (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will not submit any personal information if you are under 13 years of age; and (c) your use of this Website does not violate any applicable law or regulation. 

Intellectual Property Rights

Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of DSA or DSA’s licensors, or users and are protected by U.S. copyright, trademark, and other intellectual property laws. DSA permits you to view and use a single copy of the Website Materials obtained from this Website solely for your personal and non-commercial use.  Except as expressly permitted on the Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Website Materials, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or DSA. The permission given to you terminates automatically if you breach any of these Terms of Use.  You are not permitted to use the Website Materials except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without DSA’s written permission, “mirror” any content contained in this Website.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. mail to PO Box 1038 New York, NY 10272 or by email to [email protected]

Restrictions on Linking and Framing

You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by DSA. However, you may not frame or inline link to any of the content of the Website or incorporate into another website or other service any of our Website Materials or intellectual property without our prior written permission. 

Prohibited Activities 

You may not access or use the Website for any purpose other than that for which we make it available. The Website may not be used in connection with any commercial endeavors except those that are specifically approved by us.  You represent and warrant that you will not use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To abuse, harass, threaten, impersonate, or intimidate any person, or to post, transmit, or cause to be posted or transmitted any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.  
  • To impersonate or attempt to impersonate DSA, any employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DSA or users of the Website or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

 

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website 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 Website. 
  • 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 Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Delete the copyright or other proprietary rights notice from any Website content. 
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you. 
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in unauthorized framing of or linking to the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Registration Data; Account Security

You may be required to register with DSA and have assigned a username and password with which to access restricted areas or update your personal information. If you create an account on the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to DSA, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DSA. You agree to notify us immediately if you suspect any unauthorized use of your username or password by emailing us at [email protected] You are solely responsible for any and all uses of your username and password.  

Links to Third-Party Sites and/or Materials

The Website may provide you with links to website(s) owned and operated by third parties (“Third-Party Sites”) as well as content belonging to or originating from third parties (“Third-Party Content”).  Third-Party Sites and Third-Party Content are maintained by third parties over which DSA has no control and have not necessarily been reviewed by DSA.  Use of Third-Party Sites and Third-Party Content is at your own risk.  DSA expressly disclaims any responsibility for the content, materials, the accuracy of the information and/or quality of the products or services provided by, available through, or advertised on these Third-Party Sites or in Third-Party Content, and DSA disclaims all liability with regard to your access to and use of Third-Party Sites and Third-Party Content.  

No Endorsement

Inclusion of Third-Party Sites or Third-Party Content does not constitute or imply an endorsement, approval or recommendation of any product, service, or company. We make no representations or warranties of any kind with respect to any Third-Party Sites or Third-Party Content included on the Website.  

DISCLAIMER 

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DEMOCRATIC SOCIALISTS OF AMERICA MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY THE WEBSITE. 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEMOCRATIC SOCIALISTS OF AMERICA, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DEMOCRATIC SOCIALISTS OF AMERICA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DEMOCRATIC SOCIALISTS OF AMERICA’S RECORDS, PROGRAMS OR SERVICES, EVEN IF DEMOCRATIC SOCIALISTS OF AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT OR MATERIALS, OR WITH ANY OF THE WEBSITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Indemnification 

You agree to defend, indemnify, and hold DSA harmless, including our subsidiaries, affiliates, and all of DSA’s respective officers, agents, partners, funders, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of or relating to your unlawful use of the Website or violation of these Terms of Use.  Notwithstanding the foregoing, DSA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with DSA’s defense of such claims. DSA will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Termination

Notwithstanding any of these Terms of Use, DSA reserves the right, without notice and in our sole discretion, to discontinue the Website or any services offered through the Website and to terminate your license to use and block your access to the Website at any time.  The terms herein that survive termination, include but are not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law and Severability.  

Severability/Waiver

In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement shall not be construed as a waiver of any breach of that provision or of any other provision.

Governing Law and Jurisdiction

The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the District of Columbia. You agree that any action at law or in equity arising or in any way relating to this Agreement shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

Feedback. We welcome feedback, comments, and suggestions for improvements to the Website via any medium (“Feedback”). You can submit Feedback via email at [email protected]. All Feedback shall be deemed to be non-confidential and shall become the sole property of DSA. You hereby assign all rights in the Feedback to DSA, and DSA shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, DSA shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you.  

Questions & Contact Information

Thank you for your cooperation. Questions or comments regarding the Website should be directed by electronic mail to [email protected].