Updated May 1st, 2016
1. Self-Publishing Service
You recognize and accept that the Service is a non-moderated service which enables you, OfficerDown.US and others to publish any information you (or they) want, subject to legal limitations and to policies stated herein, using the space and utilities provided (self-publishing).
2. Non-Moderated Service
OfficerDown.US provides the technology and infrastructure for the Service in a manner similar to the way a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor communications. People may publish any content they want. However, we do set forth requirements for campaign managers and for standards of behavior. Any user found to be violating these standards may have action taken against them without notice which ranges from deletion of Content, to deletion of entire campaigns and/or profiles, to being barred from the Service, and even to referrals to law enforcement authorities. And while OfficerDown.US does not formally moderate the Service, we may at our discretion review member profile and/or campaign text, photos, images, audio and video, and we may randomly or specifically review campaigns, comments, and other Content, including those which are otherwise password protected or hidden from the general public to check for compliance with the standards stated herein; that OfficerDown.US may do this, User agrees that this does not in any way form an obligation or expectation that OfficerDown.US will do this and, as such, User will not place any reliance on OfficerDown.US to moderate or otherwise keep the Service void of any illegal, illicit, fraudulent or otherwise objectionable Content. OfficerDown.US assumes no responsibility for any Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user (“user” includes you, it includes other members, and includes non-members who are accessing the Service and/or publishing Content). You understand and agree that if a campaign is later determined to be a misrepresentation or fraudulent, OfficerDown.US, at the sole discretion of its moderators, have full rights to remove campaign and freeze funds raised. The campaign manager will be contacted and if subsequent documentation is not provided within 90 days of campaign removal, funds shall be deemed to be donated to OfficerDown.US and such funds shall become the unconditional property of OfficerDown.US.
The Service contains multi-user, participatory services, including but not limited to campaign postings and comments, social media integration, and other message and communication facilities (“Forums”) that may provide you and other users an opportunity to submit, upload, post, display, transmit, share and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users. OfficerDown.US Services permit the submission of videos, photos, text and other communications submitted by you and other users (“Submissions”) and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, OfficerDown.US does not guarantee any confidentiality with respect to any submissions. Forums, as well as all other aspects of the Service are not guaranteed to be secure or private and you should assume your Content, information and submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited membership or restricted access, OfficerDown.US shall have no liability if unauthorized persons nevertheless obtain access to your Content, account, or other information. Your use of the Service is at your own risk.
OfficerDown.US does not endorse and has no control over user Content and OfficerDown.US expressly disclaims any and all liability in connection with user Submissions. You understand that when using the Service, you will be exposed to Submissions from a variety of sources, and that OfficerDown.US is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You use the Service solely at your own risk, you are solely responsible for the Content that you post on or through any of the Service, and any material or information that you transmit to other users and for your interactions with other Users. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, misleading, fraudulent, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OfficerDown.US with respect thereto, and agree to indemnify and hold OfficerDown.US, its owners and operators, affiliates, contractors, partners, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. OfficerDown.US neither endorses nor controls user postings available, delivered or displayed anywhere on the Service, and OfficerDown.US assumes no duty to monitor or endorse Content anywhere on the Service, nor does OfficerDown.US represent or guarantee the truthfulness, accuracy or reliability thereof or that any posting complies with the terms or conditions of this Agreement and you should never rely upon any Content as being true, accurate or reliable.
You understand, acknowledge and agree that Content originating from any member are the sole responsibility of the person(s) associated with that campaign or, as appropriate, user profile. This means that you, and not us, are entirely responsible for the consequences of all Content that you may post, hear, or view on the Service and for any use of it or reliance you place in it. Content does not reflect the views of OfficerDown.US, nor any of its affiliates. In no event shall OfficerDown.US or any affiliates have or be construed to have any responsibility or liability for or in connection with any Content whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or suspending or deleting your account on the Service. You retain all of your ownership rights in your Content.
3. Free Browsing and Registration Requirements
4. Representations and Warranties
As a user of the Service, you understand, represent, warrant, and agree that;
- You are over 15 years of age, or whatever age is the minimum legal requirement for your geographic and political location.
- All descriptions, photos, information and other Content in your campaign(s) and/or member profile will be a truthful, accurate, and current representation and presentation of yourself and your campaigns (if any).
- You are solely responsible for any and all Content that you publish on the Service and/or transmit to others.
- Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others.
- You will be solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your username and password.
- OfficerDown.US does not moderate the Service. We may, however, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish.
- If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify OfficerDown.US, as well as all officers, directors, employees, representatives and agents, and hold them harmless from any such damage(s).
- We may at our discretion, and without notice, log onto your account to review text, photos, audio and video even those which are unavailable to the general public to check for compliance with the standards stated herein and take appropriate action therefrom as allowed by this Agreement.
- Member accounts are not transferable. Any account you create is to be used exclusively by and for yourself, and should be a truthful and accurate representation of yourself.
- Any abuse on the site or in the community, in OfficerDown.US’ sole and arbitrary judgment, may result in selective suspension of various site privileges or even the suspension or termination and deletion of your account.
- You agree not to gain unauthorized access to the Service, other users’ accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
- You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise.
- You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any Content from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to OfficerDown.US servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the purpose of creating publicly available, searchable indexes of the materials.
- You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in OfficerDown.US’ sole and absolute discretion, may result in OfficerDown.US taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions.
User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:
- is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
- you do not own the copyright to;
- harasses or advocates harassment of another person;
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- provides access (either directly or via links) to an illegal or unauthorized copy of another person’s copyrighted work, such as computer programs, music, videos, photographs, art, etc;
- providing information to circumvent manufacturer-installed copy-protect devices;
- provides instructional information about activities such as making or buying weapons, violating someone’s privacy, or creating or distributing computer viruses;
- solicits passwords or personally identifying information from others;
- is an adult soliciting a relationship with a minor;
- constitutes, or could be construed as, harmful matter or indecent communications to minors;
- constitutes, or could be construed as, child pornography or the abuse of children;
- constitutes, or could be construed as, being abusive to animals;
- entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
- is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
- is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
- constitutes an infringement, misappropriation or violation of any person’s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and,
- in any program, file, data stream or other material contains viruses, worms, “Trojan horses” or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity;
- promotes or solicits for any competing business to OfficerDown.US.
As the provider of the Service, OfficerDown.US represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the world wide web where rewards-based crowdfunding platforms are accessible and not otherwise blocked by technology and/or laws which are out of our immediate and direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-up’s. We strongly encourage you to keep local back-up’s on your own computer of all your data and information, and to not post any personally identifiable information on the Service. OfficerDown.US makes absolutely no representations or warranties on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, preferences, profile settings, ip addresses, email addresses, or credit card information. Nor do we make any representations or warranties about any member, any posting (including but not limited to parties, events, trips, rendezvous, email, photos, profile details, etc), or any online or offline interactions you have.
A major part of the OfficerDown.US Service is to provide users with a platform for rewards-and-donation-based fundraising and commerce whereby individuals can come together to collectively fund posted campaigns (“crowdfunding”). OfficerDown.US allows users to post campaigns, who are then referred to as “Campaign Managers”, for which they would like to get funding and to raise funds from other users (“Contributors”). You agree that OfficerDown.US is not liable for your interactions with any organizations and/or individuals found on or through the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with campaign listings on OfficerDown.US. OfficerDown.US does not oversee the performance, punctuality, or fulfillment of any campaign rewards and/or promises, and all parties agree that it has no duty nor expectation to do so. OfficerDown.US is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such Campaign Managers. OfficerDown.US is under no obligation to become involved in disputes between Contributors and Campaign Managers, or between site members and any third party. In the event of any dispute you hereby unconditionally release OfficerDown.US its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes between you and any Campaign Manager and/or any third-party.
You agree that OfficerDown.US may forward all funds raised (defined as being promised on the campaign AND funds being received by OfficerDown.US), less fees (section 6 below) and/or chargebacks and/or refunds and/or other fees, to the Campaign Manager or designated recipient once the campaign has closed or prior as designated through financial processing. You further agree that a campaign which hits its funding goal prior to the initial close date may be closed early by either OfficerDown.US or the Campaign Manager, or held open for continuing contributions, at the discretion of the Campaign Manager and as may be allowed by OfficerDown.US. Once a campaign closes, regardless of whether or not it reaches its funding goal, all contributions are non-refundable, and you hereby release OfficerDown.US from any liability or responsibility resulting from problems therefrom.
All parties expressly agree that OfficerDown.US shall not be held liable for the Content in any campaign nor for the actions (or inactions) of a Campaign Manager. And that Campaign Managers are wholly responsible for their campaigns, including all Content, updates, comments and representations made therein, and for fulfilling the promises and obligations both implied and stated in any campaign listing they create. OfficerDown.US reserves the right to cancel a campaign listing and refund all associated Contributors payments at any time and without reason. Additionally, because of occasional failure to receive funds from Contributors, OfficerDown.US cannot and will not guarantee the accuracy or completeness of the status of funding on any campaign displayed.
OfficerDown.US is not responsible for issuing refunds for campaigns which are closed or funds that have been processed and delivered to campaign managers. You must work directly with the Campaign Manager on any such requests. You agree and acknowledge that OfficerDown.US has no ownership of, or entangled relationship, responsibility, or implied joint venture with any Campaign. You unconditionally agree that a campaign posted to OfficerDown.US does NOT constitute or imply any entanglement or joint venture between a Campaign and OfficerDown.US, nor does any sponsorships or marketing relationships OfficerDown.US might have with any Campaign Manager.
OfficerDown.US reserves the right to cancel, interrupt or suspend any campaign at any time in its sole and absolute discretion, without reason.
6. Fees and Payments
Joining OfficerDown.us is free, and we never charge any user fees. We do charge fees to Campaign Managers to help cover our technology, personnel and operating costs. These include our system fee of 5% of the funds collected, plus appropriate charges for collecting such funds (e.g. credit card fees, wire fees, etc). Funds collection fees are 2.2% (Amex: 3.5%) + 30¢ per transaction regardless of how such funds were actually transmitted and apply this to all funds collected rather than calculate fees on any specific funded amount or mechanism. However, the associated credit card processor employed to process fees will charge no more but possibly less for services rendered. Furthermore, we charge Campaign Managers the costs of any chargebacks, including bank or merchant fees. In the event that OfficerDown.US does not receive funds for any users campaign contribution prior to closing then the Campaign Manager shall have no obligation or duty to that person with respect to any reward(s) for or updates on the campaign being funded (since funds were not received, the reward is not due). Funds received or after a campaign has closed may be either applied to the campaign or refunded to the Contributor at the sole discretion of the Campaign Manager. Campaigns and funds are managed by campaign manager and funds are automatically issued when utilizing automatic banking services. User agrees that on rare occasions where checks issued by OfficerDown.US representing, refunds or campaign proceeds which have not been cashed within 90 of issuance shall be deemed to be donated to OfficerDown.US and such funds shall become the unconditional property of OfficerDown.US. On occasion where OfficerDown.US has hosted a campaign to ease the difficulty of those who it shall benefit, funds will be released once processed after the 45 day holding period following the closing of the campaign. The final funds shall be in the form of a check and only to benefit whom was originally designated as the beneficiary in the campaign.
7. Posting Campaigns
Prior to a campaign being displayed to users on the Service, we will review it for how complete and engaging it is. We may also call, email or otherwise communicate with the stated campaign beneficiary and/or associated persons to verify the genuineness of the campaign. This is an entirely arbitrary process and solely at our discretion, and all parties hereby agree that we have the right without reason to deny any campaign posting.
You agree to be solely and completely liable to deliver the promises you make to users who back any campaign you post, including sending them the rewards, products and/or services you listed in your campaign. You agree to make every effort to deliver on those promises, and to keep Contributors informed of your process and the success (or failure) of your campaign.
You agree that OfficerDown.US is only a platform for Campaign Managers to advertise and raise funds for crowdfunding campaigns, and that we have no responsibility to participate in or assist with any campaign nor to fulfill any of the promises made in any campaign.
You specifically and unconditionally agree that even though OfficerDown.US queues and reviews campaigns prior to their posting for users, and even though we may attempt to verify a Campaign Manager, and even though we may deny campaigns for any reason (or for no reason), and even though we may position select campaigns on the site as “staff picks” that NONE OF THESE THINGS CONSTITUTE A MODERATION OF THE SERVICE, DOES NOT REPRESENT THAT WE HAVE CONDUCTED ANY FORM OF DUE DILIGENCE ON THE CAMPAIGN OR ITS MANAGER, OR ON THE ABILITY OR PROBABILITY OF THE MANAGER TO ACTUALLY DELIVER THE PROMISES, REWARDS AND OBLIGATIONS MADE IN A CAMPAIGN, NOR DOES IT CONSTITUTE ANY ENTANGLEMENT WITH, JOINT VENTURE IN, JOINT LIABILITY OF, OR OUR PARTICIPATION WITH ANY CAMPAIGN IN ANY WAY. YOU FURTHER AGREE THAT OFFICERDOWN.US DOES NOT ENDORSE, WARRANTY, OR HAVE ANY LIABILITY WITH OR IN ANY CAMPAIGN OR ANY CAMPAIGN MANAGER.
8. Proprietary Rights of OfficerDown.US
OfficerDown.US owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of OfficerDown.US and our partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, replicate, duplicate, or sell any such proprietary information. Furthermore, OfficerDown.US maintains the right to send you periodic emails, at frequencies determined solely by OfficerDown.US, which may include advertisements from OfficerDown.US and from third parties. OfficerDown.US may utilize unaffiliated third-party service providers to supply various products and services including, but not limited to, hosting services, internet connectivity, data processing, merchant services, storage of account information, and for the transmission of emails, among other things.
9. Copyright Policy
All images, writings, and other content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to OfficerDown.US a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service and OfficerDown.US’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username. You also accept that people who view the things you have published can easily themselves make copies of that Content, even if they shouldn’t, and so you hereby release OfficerDown.US from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying. And that various search engines may spider, index and display part or all of your Content.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Service should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: OfficerDown.US
Name of Agent Designated to Receive Notification of Claimed Infringement: Jessica Langgin, Managing Director E-mail Address of Designated Agent: Jessica@OfficerDown.US
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Links to Third-Party Websites
OfficerDown.US is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other members or users. OfficerDown.US is not responsible for the conduct, whether online or offline, of any member or user of the Service. OfficerDown.US assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and OfficerDown.US disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up’s. OfficerDown.US is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the Internet or at any website or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will OfficerDown.US be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That OfficerDown.US may, in its sole and absolute discretion, review photos, video and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that OfficerDown.US is expected or obligated to do so. THE SERVICE IS PROVIDED “AS-IS” AND OFFICERDOWN.US DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OFFICERDOWN.US DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, OFFICERDOWN.US IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, USERS, LICENSORS, LICENSEES, PARTNERS, CLUBS, TRAVEL AGENCIES, PARTY PROMOTERS, NON-PROFITS, PHOTOGRAPHERS, AND ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
Special note regarding verification of users who post campaigns on the Service: When a user creates a campaign and wants to post it, we may (or may not, since the Service is not moderated) check to see if the information associated with the Campaign Manager can be reasonably verified by emailing or calling the campaign beneficiary and/or those associated with them. However, even if we do this you agree that this is NOT a formal endorsement or guaranty of any type by OfficerDown.US or by any third party; it doesn’t mean that we personally drove to their house, interviewed them, had a notary confirm them, run background checks, performed due diligence, and/or installed biometrics on their computer. So don’t take it for more than it is. We don’t retain records of verifications, nor supporting data. This is simply another non-moderated feature of the Service. OfficerDown.US assumes absolutely no liability for any problems that arise out of any reliance on a Campaign Manager being verified or not. YOU ARE SOLELY AND COMPLETELY RESPONSIBLE TO DO YOUR OWN DUE DILIGENCE ON ALL CAMPAIGNS AND CAMPAIGN MANAGERS AND YOU UNCONDITIONALLY ACCEPT ANY AND ALL LIABILITY FOR ANY PROBLEMS, INCLUDING FRAUD.
13. Liability Limitations
IN NO EVENT SHALL OFFICERDOWN.US BE LIABLE TO YOU OR TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF OFFICERDOWN.US AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF OFFICERDOWN.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY OFFICERDOWN.US. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY’S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT OFFICERDOWN.US’ SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT RECEIVED BY OFFICERDOWN.US AS DIRECT REVENUE IN THE FORM OF FEES BASED UPON USER ACTIVITY; MEANING AMOUNTS CONTRIBUTED DIRECTLY BY USER (NOT INCLUDING INDIRECT REFERRALS WHICH MAY HAVE RESULTED IN CONTRIBUTIONS FROM OTHERS) TO ANY CAMPAIGN(S) MULTIPLIED BY THE FEE PERCENTAGE IN SECTION 6 ABOVE, DURING THE TERM OF USERS’ USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF. THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to terminate and discontinue your use of the Service. You further understand and acknowledge the capacity of the Service, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that OfficerDown.US assumes no liability, responsibility or obligation to transmit, process, store, receive, deliver or secure transactions or Content, passwords, personal information or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the security, timeliness or performance of the Service for anything.
14. Member Disputes
OfficerDown.US does not moderate Content of, or communications or interactions between users. You may find other user’s communications, interactions and/or Content to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Service. You are solely responsible for your Content and for any and all communications and interactions with other users. Because OfficerDown.US does not moderate the Service and is not involved in user communications and/or interactions, if you have a dispute with one or more users, including those who have posted, viewed, or used Content on the Service, you hereby release OfficerDown.US, including its officers, directors, agents, subsidiaries and employees, from 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.
15. Term and Termination
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. OfficerDown.US may terminate your account(s) and/or delete Content (if any) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including but not limited to sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of this Agreement.
16. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.
This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of Los Angeles in the state of California. Each of User and OfficerDown.US consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorney’s fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
You agree to indemnify and hold OfficerDown.US, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service.
OfficerDown.US reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with OfficerDown.US in the defense of any such claim, action, settlement or compromise negotiations, as requested by OfficerDown.US.
18. Entire Agreement, Severability and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and OfficerDown.US regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.
OfficerDown.US has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on http://OfficerDown.US as described above in the opening paragraph of this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
Any notices to OfficerDown.US are to be sent via email to Jessica@OfficerDown.US. Any notices to User will be sent to the email address provided to us in your account on the Service.