NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THIS AGREEMENT OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY.
A. PURPOSE
The purpose of this agreement (the “Agreement”) is to describe the terms under which you may access this website (the “Website”) and Zinc Collective LLC’s (“Zinc Collective”) database of contact information for Democratic staffers (the “Database”). If you do not agree to these terms, you may not use the Website or Database. For purposes of this Agreement, you and Zinc Collective shall be referred to as a “Party” and collectively as the “Parties.”
B. RELATIONSHIP BETWEEN PARTIES
This Agreement shall not be deemed to create any relationship of agency, partnership or joint venture between the Parties. Neither Party shall represent itself as acting on behalf of the other. Each Party shall control its own activities, and neither shall be responsible for the actions of the other in connection with the Website or Database.
C. USE OF THE DATABASE
Zinc Collective is granting you a license to access the Website and Database for the sole and limited purpose of identifying and recommending candidates for Democratic and progressive jobs. You may not use the Database, or contact the individuals listed in the Database, for any other purpose; nor may you distribute the information in the Database to any third party.
This Website offers the Database which serves as a job board through which democratic and progressive workers (“Staffers”) and the campaigns and political organizations that are seeking to hire them (“Organizations”) can connect with each other directly to exchange information, qualifications, job requirements and confirm engagements for work (“Engagements”). Zinc Collective only provides a service to facilitate the Engagement. Zinc Collective does not offer employment or Engagements itself, has no influence whatsoever over whether any offer of Engagement is made, does not manage or take any part in any relationship between a Staffer and an Organization or any transactions between them, does not recommend or endorse any Staffers or Organizations, guarantee the quality of the work supplied by Staffers or the reliability of or employment or Engagement offered by the Organization or any other aspect, term or condition of the Engagement, including, without limitation, whether it complies with all requisite legal requirements. Zinc Collective is not a party to any Engagements between a Staffer and an Organization made through this Website or the Database. The actual Engagements remain solely between the Staffer and Organization that has Engaged them through this Website or the Database, and their respective representatives, if any.
[In addition, Zinc Collective provides a feature for Staffers and Organizations to communicate directly between themselves, including via email, SMS texting, direct messages [and chat rooms]. Those communications remain between the Staffer and Organization. We do not monitor these communications and are not responsible for the content or tone of those communications.]
You acknowledge that the Website and Database contain content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights (the “Content”), and that the Content is and shall remain the property of Zinc Collective. You shall at no time assert any claims of ownership over any Content by reason of your access to or use of the Website or Database. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other site is prohibited without Zinc Collective’s prior written approval.
If you create an account or provide us with your information, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account or the means by which you access the Website. You are entirely responsible for any and all activities that occur under your account or access. You may not use anyone else’s account or access at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
You agree to notify Zinc Collective immediately of any unauthorized use of your account or access or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account or access, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Zinc Collective or a third party due to someone else using your account or means of access.
Zinc Collective has no obligation to retain a record of your account or activity or any data or information that you may have stored for your convenience by means of your account or the Database.
D. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY; NOTICE TO NEW JERSEY RESIDENTS
a. NO WARRANTIES. THE WEBSITE, DATABASE, AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. ZINC COLLECTIVE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ZINC COLLECTIVE DOES NOT WARRANT THAT ANY SERVICES WILL BE IN AVAILABLE, SAFE, DEFECT-FREE, OR CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
b. USE OF SITE IS AT YOUR OWN RISK. ZINC COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DATABASE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND DATABASE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. ZINC COLLECTIVE MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. ZINC COLLECTIVE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES, INCLUDING ANY SUCH CONTENT OR LINKS FROM PROVIDERS OR BUSINESSES. ZINC COLLECTIVE MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
c. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. ZINC COLLECTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR ENGAGEMENT OR JOB ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND ZINC COLLECTIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING BETWEEN ANY STAFFER AND ORGANIZATION. ZINC COLLECTIVE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
d. NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL ZINC COLLECTIVE, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “ZINC COLLECTIVE” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF ZINC COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. ZINC COLLECTIVE WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS OR SERVICES, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
e. OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ZINC COLLECTIVE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
f. NOTICE TO NEW JERSEY RESIDENTS. Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in this Agreement do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in this Agreement limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between this Agreement and New Jersey law, New Jersey law shall govern.
E. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zinc Collective and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from any claims, demands, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of this Agreement, or your violation of the rights of any third-party or applicable law.
F. USE OF PERSONALLY IDENTIFIABLE INFORMATION
Zinc Collective’s policies with respect to the collection and use of personally identifiable information is governed by Zinc Collective’s privacy policy: https://zinccollective.com/privacy-policy. You may opt-out of participation in the Database at any time and we will remove your information from the Database upon your written request.
G. UNAUTHORIZED ACCESS AND USE
You will not attempt to gain unauthorized access to the Database, and will make best efforts to inform Zinc Collective of any unauthorized Database access.
H. CONFIDENTIALITY
You may not, directly or indirectly, at any time during the term of this Agreement or thereafter, and without regard to when or for what reason this Agreement terminates, copy, duplicate, redistribute, divulge, furnish, make accessible, sell, or permit the disclosure to anyone (other than Zinc Collective and its employees or consultants) any Confidential Information.
“Confidential Information” means any non-public knowledge or information of any type whatsoever acquired in the course of this Agreement, including, but not limited to, the Website, the Database and its contents, any knowledge or information relating to the plans, strategies, business or activities of the Parties, business and activities relating to the exchange of data rendered under this Agreement, all originals, recorded, and unrecorded copies of Confidential Information (including information derived therefrom and portions thereof), all written or audio materials obtained, generated, produced or otherwise acquired during the course of this Agreement, notes, charts, plans, strategies, lists, computer files, electronic mail messages, phone logs or other memoranda (whether handwritten, typed, or otherwise created), data and other proprietary information related to this Agreement. Information shall be deemed to be Confidential Information even if no legal protection has been obtained or sought for such information under applicable laws and whether or not the receiving Party has been notified that such information is Confidential Information.
I. PROHIBITED CONDUCT.
You may not use the Website or Database other than as expressly permitted above. Without limitation, you will not, directly or indirectly: (a) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Database or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (b) interfere with or damage the Database, Website, or any underlying technology; (c) impersonate or misrepresent your identity or affiliation; (d) attempt to obtain unauthorized access to the Database or Website; (e) collect information about users of the Database or the Website (f) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (g) violate any law, rule, or regulation, or (h) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Database or Website.
J. CONTRIBUTIONS TO THE DATABASE
Any of your information, including, without limitation, personal, biographical, professional and/or financial information, any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Website, the Database or otherwise provide to us are referred to as “User Content.” The following Terms apply to User Content:
a. License to Zinc Collective. By sharing, submitting or uploading any User Content, you grant Zinc Collective a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
b. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section.
c. Right to Name, Image and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content to provide the Database and Website services.
d. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website and Database. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Zinc Collective the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Zinc Collective’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website or Database, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. You assume all risks and liability associated with your User Content, including any third party or Organization’s reliance on its quality, accuracy, or reliability.
e. More specifically, and without limitation, you shall not:
i. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
ii. Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights (including the rights of privacy and publicity) of others.
iii. Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message.
iv. Promote or engage in discrimination, bigotry, racism, hatred or harassment against any individual or group.
f. No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all. We do not endorse any User Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
K. INFRINGEMENT
a. Infringement Notification. Zinc Collective respects the rights of others and we expect users of our Website and Database to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access of, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
b. How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by electronic mail or regular mail to Zinc Collective’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
Zinc Collective Copyright Agent
Address: 750 N San Vicente Blvd
Ste 800W
West Hollywood, CA 90069
Email: legal@zinccollective.com
Phone number: 323-673-0752
With the information that sets forth the items specified below:
i. Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
ii. Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Zinc Collective to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
iii. Include details of your claim to the material, or your relationship to the material’s copyright holder.
iv. Provide your full name, address, and telephone number should we need to clarify your claim.
v. Provide a working email address where we can contact you to confirm your claim.
vi. If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
vii. If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
viii. Sign the document, physically or electronically.
L. TERMINATION
This Agreement is effective upon your accessing the Website or Database, and remains in effect until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use the Website and/or Database, or by ceasing use of the Website and/or Database.
If in our sole discretion we determine that you have violated any term or provision of this Agreement, we may restrict, suspend, or terminate your access to the Website and Database at any time, at our sole discretion, and without notice.
We also reserve the right to change, suspend, or discontinue all or any part of the Website or the Database at any time without prior notice or liability.
M. GOVERNING LAW AND COMPLIANCE
This Agreement shall be construed in accordance with the laws of the District of Columbia. You agree to comply with all applicable laws in using the Database. You may not use the Database for any illegal or unauthorized purpose nor may you, in the use of the Database, violate any laws in your jurisdiction.
Zinc Collective makes no claims concerning whether the Website or Database is appropriate for use outside of the United States. If you access the Website or the Database from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
N. ENTIRE AGREEMENT; AMENDMENT
This Agreement sets forth the entire agreement between the parties, and replaces and supersedes all other contracts, agreements and understandings, written or oral, relating to the subject matter hereof. Zinc Collective may amend the terms of this Agreement at any time by updating this page. Your continued use of the Website or Database constitutes acceptance of any such amended terms.
O. SEVERABILITY; WAIVER
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce every provision of this Agreement.
P. DISPUTES
With respect to any dispute regarding the Website, the Database or this Agreement, all rights and obligations and all actions concerning this Agreement, shall be governed by the laws of California, as if this Agreement was a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Website, Database or this Agreement shall be submitted to confidential arbitration before a single neutral arbitrator in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of American Arbitration Association (“AAA”). YOU AND ZINC COLLECTIVE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (“CLASS ACTION”). Further, unless both you and Zinc Collective, LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND ZINC COLLECTIVE, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT AND CONDITIONS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Without limiting the generality of the foregoing, in the event that any party seeks public injunctive relief, such party may seek relief in a court of competent jurisdiction. If these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, in Los Angeles. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Q. CONTACT
If you have any questions regarding the terms of this Agreement, contact Zinc Collective at legal@zinccollective.com.
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