Version 1.0 (effective 8 July 2014)
- Agreement Generally; Acceptance.
- Donation Payment. By creating an account on the Donation Subsite and using a credit card, you represent and warrant that you are authorized to use and incur charges on that credit card.
- Intellectual Property.
- You acknowledge that we own all right, title and interest, including all intellectual property rights, in and to the Donation Subsite, and you hereby disclaim any interest. We expressly reserve all rights not explicitly granted.
- Our trademarks may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Donation Subsite, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned or licensed property of IMGE or its suppliers or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws and is prohibited.
- Copyright Infringement. We respect the intellectual property rights of others. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. If any person or entity believes that such party’s work has been posted on the Donation Subsite in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that the party claims has been infringed, and identification of the URL or other specific location on the Donation Subsite where the material that the party claims is infringing is located; (c) the party’s address, telephone number, and email address; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party the copyright owner or authorized to act on the copyright owner’s behalf.
- Log-In Credentials. Your login credentials (i.e., email address and password) for the Donation Subsite may be used only by you and only while the license is in effect. Under no circumstances will you share your login credentials with any other person or entity. You are responsible for all use of the Donation Subsite that occurs under your account, and you agree to notify us of any unauthorized access of which you become aware. Without limiting the force of any other disclaimers herein, YOU ARE responsible for any person using or entering information in the Donation Subsite UNDER YOUR credentials or AUTHORITY and ARE responsible to and for any persons relying on the Donation Subsite. you are solely responsible for errors and omissions in the entry of any information and for reviewing and, as necessary, correcting such information and for any actions or consequences resulting from the entry of such information.
- Representations and Warranties; Disclaimer.
- WE DO NOT WARRANT THAT THE DONATION SUBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DONATION SUBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS, AND AFFIRMATIVELY DISCLAIM ANY SUCH WARRANTIES AND REPRESENTATIONS, REGARDING THE USE OR THE RESULTS OF THE USE OF THE DONATION SUBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMGE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY RECORD OR DOCUMENT GENERATED BY THE DONATION SUBSITE.
- YOU UNDERSTAND AND AGREE THAT THE ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF THE WEBSITE OPERATOR.
- The appearance of external hyperlinks generated by third parties does not constitute endorsement by us or our affiliates of any content of the linked third party website, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither IMGE nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON THE DONATION SUBSITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
- Notice for California Residents. Under California Civil Code Section 1789.3, we provide the following consumer rights notice: (a) we are located at 603 King Street, Alexandria VA 22314 (b) all charges made through the Donation Subsite are donations, and no fee is charged to the donor in connection with the donation; and (c) if you have a question or complaint regarding this Donation Subsite or IMGE’s services, please send an email to [email protected] You may also contact us by writing to the address listed above, or by calling us at (703) 261-9121. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Class Action Waiver. additionally, you and imge each irrevocably agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
- Injunctive Relief. Notwithstanding anything to the contrary, IMGE will have the right to seek injunctive or other equitable relief in state or federal court located in Virginia to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
- Limitations of Actions. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
- Force Majeure. We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
Our designated agent for notice of copyright infringement can be reached at:
Agent: Ryan Coyne
603 King Street, 4th Floor
Version 1.0 (effective 8 July 2014)
This Privacy Statement of IMGE LLC (“IMGE”, “we”, “us” or “our”) describes its policy for treatment of personal information (as defined below) on this donation form (the “Donation Subsite”), www.chrge.me. “You” in this Privacy Statement means you personally. IMGE has been retained by the operator of the website to operate the Donation Subsite. For clarity, the Donation Subsite refers only to this form, and not to the website on which this form is located. Also, this Privacy Statement applies only to the Donation Subsite, regardless of the platform on which it is used. If you visit websites or other applications operated by IMGE, or other sites linked to the Donation Subsite, the privacy statement for the Donation Subsite will not control the practices for collecting and using personal information on those other sites. This Privacy Statement does not apply to IMGE’s practices for collecting and using personal information offline or from sites or apps other than the Donation Subsite (even if that information is identical to the information gathered on the Donation Subsite).
PLEASE NOTE THIS DONATION SUBSITE IS NOT INTENDED FOR CHILDREN AND IS DIRECTED AT INDIVIDUALS WHO HAVE REACHED 18 YEARS OF AGE AND ARE OTHERWISE ABLE TO ENTER INTO BINDING OBLIGATIONS.
What is “personal information” and what personal information do we collect?
By “personal information,” we mean information that is reasonably identifiable to you or to a particular device or that allows you or it to be so identified.
We may also obtain information relating to analytics through the website operator. You may choose to contact us and the information you disclose may constitute personal information.
How does IMGE use the information it collects?
We use personal information collected on the Donation Subsite for the following purposes:
- to respond to inquiries from users
- to provide information about the proper use or misuse of the Donation Subsite
- to process technical or administrative issues or to communicate regarding those issues
- to improve, expand, or otherwise adjust our services
- to comply with federal law related to campaign donations.
See also circumstances under which we may share or transfer personal information, discussed below.
We use persistent cookies to facilitate your use of the Domain Subsite to make additional donations and donations across different websites. When you elect to save your user credentials on the Donation Subsite, we will cause such a cookie to be placed in your browser to remember your preferences and facilitate later log-ins. Please note that electing to save your user credentials on your device may allow others using your device to access your account and make donations from your device without your permission.
How does IMGE treat “Do Not Track” requests from a user’s browser?
Users may have the option of enabling “Do Not Track” in their browsers, which sends a signal to websites that the user does not want to be tracked across multiple websites. IMGE does not track users across multiple websites, regardless of whether users have enabled “Do Not Track.”
Does IMGE use personal information for advertising purposes?
IMGE does not use personal information for advertising purposes.
Under what circumstances does IMGE disclose or transfer personal information to others?
There are circumstances where we will transfer and/or disclose your personal information to third parties. Those circumstances, subject to the limits of applicable law, are as follows:
- Subsidiaries and Affiliates: IMGE may transfer personal information to its subsidiaries and corporate affiliates for purposes related to IMGE service offerings as such offerings may change and develop over time.
- Organizations to which You Donate: IMGE may share your personal information, including personal information collected by Stripe, with the campaign(s) and other organization(s) to which you donate. Please see above. Please review the privacy policies of the campaign or organization for information as to how each campaign or organization treats personal information.
- Donation Subsite Consultants and Service Providers: IMGE may transfer personal information to third-party service providers, including those that may be hosting or housing data on behalf of IMGE or otherwise acting on its behalf as a data center (such as providers of hosting, cloud, technology outsourcing and support services). Additionally, IMGE may disclose personal information to the extent that our service providers require access to our databases, or the information contained in our databases, to service IMGE and the Donation Subsite.
- Legal Compulsion and IMGE’s Protection: IMGE reserves the right to release personal information in response to a subpoena or otherwise when we reasonably believe that the law requires us to do so or when we believe it is necessary to protect and/or enforce the rights, property interests, or safety of IMGE, our users, customers or others.
- Reorganization or Sale of IMGE: In the event that IMGE is merged with or becomes part of another organization, or in the event that IMGE is sold or it sells all or substantially all of its assets, or a brand or line of its business, the information you provide may be one of the transferred assets for use by the acquiring entity.
- As Otherwise Allowed by Law: We may transfer personal information to third parties where we are expressly authorized by applicable law to do so.
How do you keep my personal information secure?
Although we cannot guarantee that our or our vendors’ servers are impenetrable, we have attempted to establish and implement reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Where we use outside vendors to collect, store, or process data, we attempt to use vendors who also establish and implement reasonable procedures. Please see Stripe’s security policy and frequently asked questions, available at https://stripe.com/us/terms.
Does the Donation Subsite link to any third-party sites?
The Donation Subsite may link to third-party sites. When using third-party sites (for example, sites that take credit cards or otherwise process transactions), you should review the privacy policies of such third-party sites to understand how they collect and use personal information.
How long do you keep my information?
IMGE keeps personal information for as long as we deem it useful to use, and for as long as applicable law allows us to maintain it.
How can I access and make changes to my personal information?
Donation Subsite users have the right to request that their information be modified or deleted from our files. We will attempt to honor these requests, subject to applicable law and our judgment that the information is not important for us to maintain for our internal record-keeping purposes. Requests to modify or delete personal information should be directed to [email protected]
How will I be notified of changes and updates to the Privacy Statement?
Changes and updates to this Privacy Statement will be posted on the Donation Subsite. Updated Privacy Statements are effective upon posting to the Donation Subsite.
Who do I contact about my rights under this Privacy Statement?
If you have any comments, questions, or concerns regarding this Privacy Statement or IMGE’s privacy practices at the Donation Subsite, please contact us at [email protected]
If you would like to donate by check, please mail it to:
Brownback for Governor, Inc.
PO Box 3739
Topeka, KS 66604