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TERMS OF USE

By using this Site (as defined below), you agree to be bound by the following terms and conditions (“Terms of Use”) governing your use of this Site. If you do not agree to these Terms of Use, please do not use this Site.

We reserve the right to update or modify these Terms of Use at any time without prior notice.  Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.  For this reason, we encourage you to review these Terms of Use whenever you use this Site.

 

GENERAL

red.org is the official (PRODUCT) RED™ website.  The (PRODUCT) RED website, names, trademarks, logos, designs, text and graphics used on this Site, the selection and arrangement thereof, and all other materials used on this Site, are and shall remain owned or licensed by (RED), a division of The ONE Campaign.  Notwithstanding the foregoing, from time to time, certain third party trademarks, copyrighted materials and other intellectual property not owned by The Persuaders may appear on this Site. When such materials appear, appropriate credits and notices may be displayed.  As used in these Terms of Use, the term “(PRODUCT) RED website” (or the “Site”) includes all subdomains to the (PRODUCT) RED website.

Use of this Site is subject to this Site’s

privacy practices, please read the (PRODUCT) RED Privacy Policy at www.red.org/privacy (“Privacy Policy”).  The Privacy Policy is incorporated into these Terms of Use and explains how The Persuaders collect, use and share your personal information in connection with this Site.  By using this Site, you agree to the terms of the Privacy Policy.

In order to access any portions of this Site that refer to alcoholic products, you acknowledge and agree that you are of legal drinking age. If you are an under-aged person, you are not allowed to access or use of those portions of the Site that refer to alcoholic products, including accessing advertising or marketing information relating to alcohol on the website. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of alcoholic products or merchandise or to participate in any of promotions or other offers on this Site or otherwise that relate to alcoholic products.

You are allowed to use this Site and the materials used on this Site only for purposes related to (PRODUCT) RED and its mission. You shall not alter any materials provided on this Site in any way, shape or form. You are not allowed to sell any of the materials used on this Site to third parties or to use any of such materials for personal gain. Any alteration of such materials or any other improper use of materials found on this Site is strictly prohibited and a violation of The Persuaders’ proprietary rights.

(RED), a division of The ONE Campaign may, in their sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of this Site, temporarily or permanently, including the availability of any features of this website or access to any parts of this Site, at any time with or

without notice to you.  You agree that the Persuaders shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.  You acknowledge that this website is subject to outages, slow downs or other interruptions.  You further acknowledge that we are not responsible for performance degradation, interruption or delays arising from any source.  We will not be liable to you if this Site is unavailable at any given time.  You agree that your sole remedy for any Site unavailability shall be to terminate your use of this Site.

(RED), a division of The ONE Campaign are not and shall not be responsible for outdated, inaccurate, inadequate, or offensive content used on this Site, or for content which is in any other way incorrect, or for broken links on any third party websites linked to or from the (PRODUCT) RED website.  We do not endorse any products, brands or services offered by third parties whatsoever, unless specifically stated in writing, and you agree to look solely to such third parties with respect to any questions, complaints or claims.

All software provided by third parties used on this Site is the responsibility of the third party provider and any complaints regarding the product or service in question should be directed to such third party and not to (RED), a division of The ONE Campaign. You may not distribute, sell, or transmit such software and you are not permitted to alter, modify or adapt such software, including, but not limited to, translating, decompiling, reverse engineering, disassembling, or creating derivative works of it. (RED) is not and shall not be responsible for users unable to access this Site or parts thereof due to

technical fault, Internet connection problems or other unforeseen circumstances. (RED), a division of The ONE Campaign, is not and shall not be responsible for any damage that may occur to your software or hardware (such as your computer) from downloading materials from this Site.

By using this Site, you agree to use it only for lawful purposes, and in a manner that does not infringe upon the rights of any third party nor inhibits the use and enjoyment of this Site by any third party. You agree to abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of the (PRODUCT) RED website. You agree to provide true, accurate, complete and current information to us and notify us immediately of any change in that information. You agree not to publish, post, disseminate, distribute or otherwise transmit any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information in connection with this Site

 

 

USER SUBMISSIONS

  1. The (PRODUCT) RED™ website may now or in the future permit the submission of videos, images or other types of communications and content submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions.  You understand that whether or not such User Submissions are published, (PRODUCT) RED does not guarantee any confidentiality with respect to any submissions.  You acknowledge that by posting User Submissions, such User Submissions will be available to any user of this Site and that these users may copy, redistribute, modify, display and/or otherwise use your User Submissions without your consent.  You accept all risks associated with posting User Submissions to this (PRODUCT) RED website.

  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:

    1. you own or have the necessary licenses, rights, consents, and permissions, and/or rights under applicable law, to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights, including, without limitation, all music-related permissions in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the (PRODUCT) RED website and these Terms of Use;

    2. your recording of images and/or videos of performances shall comply with all applicable laws, rules, regulations, codes, and ordinances, as well as applicable venue rules, regarding the recording, distribution and use of images and videos of concerts and other performances; and

    3. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission, and/or the right under applicable law, to use the name, image, likeness and/or performance of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the (PRODUCT) RED website and these Terms of Use.

For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us at (PRODUCT) RED, you hereby grant us a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the (PRODUCT) RED website and our (and our successor’s) business, including, without limitation, for promoting and redistributing part or all of the (PRODUCT) RED website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the (PRODUCT) RED website a non-exclusive license to access your User Submissions through the (PRODUCT) RED website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the (PRODUCT) RED website and under these Terms of Use.

  1. In connection with User Submissions, you further agree that you will not:

    1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner or otherwise authorized pursuant to applicable law to post the material and to grant us all of the license rights granted herein;

    2. publish falsehoods or misrepresentations that could damage (PRODUCT) RED or any third party;

    3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

    4. post advertisements or solicitations of business; or

    5. impersonate another person.

  2. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.  We do not knowingly permit copyright infringing activities or infringement of intellectual property rights on the (PRODUCT) RED website, and we will remove all content and User Submissions if properly notified that such content or User Submissions infringes upon third party copyrights (see “Claims of Copyright Infringement” below).  We will also terminate a (PRODUCT) RED website user’s access to the (PRODUCT) RED website, if such user is determined, at our sole discretion, to be a repeat infringer.  A repeat infringer is a (PRODUCT) RED website user who has been notified of infringing activity more than twice and/or has had content or a User Submission removed from the (PRODUCT) RED website more than twice. We also reserve the right to decide whether content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material.  We may remove such User Submissions and/or terminate a (PRODUCT) RED website user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.  In addition, we reserve the right to remove any content and/or User Submission or terminate any user’s access to the (PRODUCT) RED website at any time, for any reason, without notice or consent.

  3. You understand that when using the (PRODUCT) RED website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, 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 us with respect thereto, and agree to indemnify and hold us, our owners and operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the (PRODUCT) RED website and/or User Submissions.

  4. permit you to link to your own User Submissions hosted on the Site User Submissions of other third parties available on the (PRODUCT) RED website – for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked into other websites, are provided to you only on an as-available basis, and we do not guarantee that their availability will be uninterrupted or bug-free.  We reserve the right to discontinue any aspect of the (PRODUCT) RED website at any time, including, without limitation, discontinuing any linked or embedded content either generally or in specific cases.

  5. When you request that we post your User Submissions posted to other third party services, such as YouTube, Twitter, Flickr, and the like, to this (PRODUCT) RED website (through use of tagging as indicated at this Site, direct uploading, or other means), you acknowledge that you are the person posting such User Submission to this (PRODUCT) RED website, we are solely facilitating such request, and you remain solely liable for the User Submission.  You authorize us to submit and post your User Submission to this (PRODUCT) RED website and represent that such activities conducted on your behalf do not violate any such third party services’ terms of use or any other third party rights.

 

SUSPENSION OR TERMINATION

In the event that (RED), a division of The ONE Campaign, in their sole discretion, that you have breached, violated or contravened these Terms of Use or have otherwise demonstrated inappropriate conduct in the use of the (PRODUCT) RED website, without limiting its other rights and remedies, all of which are hereby expressly reserved, (RED) reserves the absolute right to: warn you via e-mail that you have violated these Terms of Use and ask you to discontinue such conduct; delete any material or content which you post to the news section or any other areas of this Site; discontinue any membership or account you may have with respect to the Site and/or any other related memberships to additional services; and take measures (including terminating, suspending or restricting your use of this Site) to prevent you from using the (PRODUCT) RED website or linking to the (PRODUCT) RED website.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE (PRODUCT) RED WEBSITE AND ALL CONTENT CONTAINED THEREIN ARE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE (PRODUCT) RED WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE (PRODUCT) RED WEBSITE; HOWEVER PRODUCTS WILL BEAR THOSE PRODUCT WARRANTIES OFFERED BY THE MANUFACTURER OF THE ITEM.  ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM, AND WE DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS, OR FROM THE SALE OR USE OF ANY MERCHANDISE PURCHASED ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY UNDER THESE TERMS OF USE EXCEED FIFTY DOLLARS ($50).  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE (PRODUCT) RED WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND, AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS AND CONDITIONS. YOU WILL NOT SETTLE ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU WITHOUT OUR EXPRESS WRITTEN CONSENT. AT OUR DISCRETION AND EXPENSE, BUT WITH YOUR FULL COOPERATION, WE MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Upon receipt of the written notification containing the information as outlined in D. (i) through D.(vi) above:

    1. We will remove or disable access to the content that is alleged to be infringing;

    2. We will forward the written notification to the alleged infringer; and

    3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.DMCA Counter Notification.To be effective, a counter notification must be a written communication provided to our designated Copyright Agent, and must include the following:

      1. A physical or electronic signature of the subscriber;

      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

      3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

      4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter notification containing the information as outlined in 1. through 4. above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on our Site.

(PRODUCT) RED’s designated Copyright Agent to receive notifications of claimed infringement is:  Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, NY  10017, fax 212-813-5901. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to (PRODUCT) RED website customer service through hello@red.org. You acknowledge that if you fail to comply with all of the requirements of this Section D., your DMCA notice may not be valid.

 

INTERNATIONAL USE

This Site is controlled, operated and administered by The Persuaders from within the United States.  The Persuaders make no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and you acknowledge that access to these materials from territories where such content is illegal is strictly prohibited.  If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

 

MISCELLANEOUS

The agreement set forth in these Terms of Use shall be governed by and construed in accordance with New York law, and all legal proceedings, if any, shall take place only in New York County in the State of New York, United States. Any delay for failure on our part to take action in connection with a breach or violation of these Terms of Use will not constitute a waiver of our right to act on such breach or violation.  If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

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