Website Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE APPLICATION OR OTHER SOCIAL MEDIA APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE APPLICATION OR OTHER SOCIAL MEDIA APPLICATION.

This website, mobile application or other social media application is operated by the Kirk Watson Campaign. These Terms of Service apply solely to your access to, and use of, the kirkwatson.com Web site operated by the Kirk Watson Campaign and all other websites, mobile applications, and other social media applications which link to these Terms of Service.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.

All questions or comments about the Sites or site content should be directed to campaign@kirkwatson.com

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Kirk Watson Campaign’s express written consent.

 

Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Kirk Watson’s campaign logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Kirk Watson Campaign or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of the Kirk Watson Campaign, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Copyright Complaint

If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our designated agent as set forth below:

Name of designated agent to receive infringement claim:

Katie Naranjo

P.O. Box 685008

Austin, TX 78768

Campaign@KirkWatson.com

Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademark

All logos and slogans contained in the Sites are trademarks of Kirk Watson and the Kirk Watson Campaign, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Kirk Watson Campaign or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Kirk Watson” or any other name, trademark or product or service name of Kirk Watson without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Kirk Watson Campaign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

 

Hyperlinks

You may not use the Kirk Watson Campaign logo or other proprietary graphic of the Kirk Watson Campaign to link to these Sites without the express written permission of the Kirk Watson Campaign. Further, you may not use, frame or utilize framing techniques to enclose any Kirk Watson Campaign trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without the Kirk Watson Campaign’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Kirk Watson Campaign or any third party.

 

Third Party Content

The Kirk Watson Campaign makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of the Kirk Watson Campaign and the Kirk Watson Campaign is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Kirk Watson Campaign provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Kirk Watson Campaign of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

 

Submissions

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the Kirk Watson Campaign that are provided by you in the form of email or other submissions to the Kirk Watson Campaign, or any postings on the Sites, are non-confidential and shall become the sole property of the Kirk Watson Campaign. The Kirk Watson Campaign shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

 

Interactive Services or Areas and User Content

The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, advertising, or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content which violates the terms of any Kirk Watson Campaign guidelines, policies or rules posted on the Site or otherwise provided to you; and
  9. User Content that, in the sole judgment of the Kirk Watson Campaign, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the Kirk Watson Campaign or its users to any harm or liability of any type.

The Kirk Watson Campaign takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Kirk Watson Campaign liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at the Kirk Watson Campaign’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, the Kirk Watson Campaign is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other Interactive Area. Although the Kirk Watson Campaign has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.

Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant the Kirk Watson Campaign and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of the Kirk Watson Campaign and the issues, and causes it supports, without any right of compensation or attribution. You grant the Kirk Watson Campaign and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

Registration Data

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Kirk Watson Campaign, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Kirk Watson Campaign.

Indemnification

You agree to defend, indemnify and hold harmless the Kirk Watson Campaign, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against the the Kirk Watson Campaign and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE KIRK WATSON CAMPAIGN, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE KIRK WATSON CAMPAIGN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. THE KIRK WATSON CAMPAIGN DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

THE KIRK WATSON CAMPAIGN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE THE KIRK WATSON CAMPAIGN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, THE KIRK WATSON CAMPAIGN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

THE KIRK WATSON CAMPAIGN IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.

LISTED PRICES FOR MERCHANDISE INCLUDE APPLICABLE SALES/USE TAX.

The Kirk Watson Campaign reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.