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Terms & Conditions

Welcome to the Sandy Hook Promise website, created after the tragic shooting on December 14, 2012 at the Sandy Hook Elementary School in Newtown, CT. This private website is operated by Sandy Hook Promise, a nonprofit organization.

Sandy Hook Promise (SHP) is comprised of two nonprofit corporations – SHP Foundation and SHP Action Fund. Two organizations allow us to fulfill our overall mission of researching and implementing sensible solutions to prevent gun violence as well as influencing legislators and engaging constituents in the legislative process and helping our community heal. This website refers to the two organizations collectively under our name, Sandy Hook Promise.

Users of this website sign up by signing the "Promise". Sandy Hook Promise provides its services to you subject to the provisions of these Terms, Conditions and Privacy Policy ("T&C"). By using this website or viewing the content herein you accept and agree to be bound by the T&C and each of its provisions. This is a legally binding agreement between you and Sandy Hook Promise, so please read it carefully. If you do not agree to the T&C, do not use this website. For more information on our T&C, please contact us at info@sandyhookpromise.org.

Eligibility

All users of this website must be 14 years of age or older. If you do not so qualify, do not attempt to use this website. Your User account and any User-Generated Content (as defined below) may be deleted without warning if we believe that you are under 14 years of age.

Information We Collect and Save

To facilitate the purposes associated with this website Sandy Hook Promise gathers and maintains information about you that it may use to build support for common sense solutions that help prevent similar tragedies from happening again. You grant us the right to publish your name, for example, in the form of a list of supporters, but your contact information such as your email will not be shared publicly or with any other organization. At times in the process of using our website you may also have access to, or be directed to the websites of other organizations including nonprofit partners, fundraising groups, or those created by the families of the victims. You are advised that these organizations and groups may have different privacy policies and practices, as well as terms and conditions that vary from ours. Information provided on other website by these organizations and groups is updated entirely by these entities and Sandy Hook Promise does not verify this information for accuracy.

By registering on this site and using its features, you agree to abide by the terms and conditions and privacy policies of this site, as expressed here, as well as abide by changes to these policies which may occur from time to time with or without notice. You also understand that the information, methods, images, technical elements, and functionality of this site are the protected property of Sandy Hook Promise, and are proprietary and in some instances protected by federal copyright and trademark laws. You agree that you will not copy, replicate, duplicate, share, or make use for your own purposes any of the information or elements on this website without the express written consent of Sandy Hook Promise. You are granted the limited right to use this site and its protected information and resources as a registered user in exchange for your agreement to comply fully with the T&C of this site. At any time, Sandy Hook Promise may revoke your rights to use this site at any time and even to permanently ban you from accessing it and its services without notice.

Limited Rights Use

The logos that appear on the site which are the sole property of Sandy Hook Promise, and may be subject to federal copyright and trademark laws.

You are permitted, under a limited license granted by Sandy Hook Promise to copy and download these logos for the sole and express use of supporting and promoting in a non-commercial way your participation in the Sandy Hook Promise, or to encourage others to do so. By using these logos in any way, you agree to abide to certain terms and conditions of use, specifically that, (1) you will not modify these elements in any way except in terms of sizing, for instance, you cannot change colors or typeface, nor can you add any new information, text or images to these logos, (2) you will not place any other logos too close to our logos, such that this might be interpreted that our logos are owned or part of any other organization or program, and (3) you will not use these logos in any way to sell items. In other words, you may not use our information or logos for any commercial gain or in concert with product or service offers without the express written permission of Sandy Hook Promise. Questions regarding the use or modifications of the Sandy Hook Promise branded elements shall be directed to Sandy Hook Promise, at info@sandyhookpromise.org. Sandy Hook Promise reserves the right to terminate rights to use its branded identities at any time and without notice.

User Generated Content

Our website may in the future allow its users to share and comment upon content and communicates in a number of ways utilizing audio, video, instant messaging, email and text message.

In order to have the full Sandy Hook Promise experience and to access some features on the Website, you may have to create a User account. In creating a User account, we ask that you must provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Website. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple User accounts and profiles.

If you have created a User account with Sandy Hook Promise, you are responsible for the security of your account and password, if one is assigned to you by us. You agree to accept responsibility for all activities that occur in connection with your account, whether or not the use is unauthorized. In addition, you agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account and remove any content submitted by you at any time for any or no reason.

We grant you a limited license and permission to access and make personal use of our website but not to download or copy any portion of its content for any commercial purpose or to modify any portion of it, except as noted under our Limited Rights of Use, or with our written or e-mailed consent. This license does not include any collection or use of "User-Generated Content" (as described below); any derivative use of our website or its contents; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these T&C, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of this website and its contents for any commercial purpose. You may display and occasionally print a single copy of pages of Sandy Hook Promise for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website (other than your own "User-Generated Content," as described below) without our prior written consent. Requests for permission to reproduce or distribute materials found on the Website should be sent to info@sandyhookpromise.org.

Except as provided under or Limited Rights of Use, you may not use our name nor any misspelling or typographical variation of Sandy Hook Promise or our other logos and identities, whether alone or in conjunction with any other word or phrase, trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Any violation of the foregoing will terminate the permission and license granted by us to access and make use of this website.

Users of this website may, upon reviewing and accepting the T&C of this website, submit video, audio, photographic and textual content as a Tribute (collectively "User-Generated Content"). You understand that whether or not such User-Generated Content is published, Sandy Hook Promise does not guarantee any confidentiality with respect to any User-Generated Content. You agree that your User-Generated Content intended for display on sandyhookpromise.org and on other web properties we may operate will not include any content that is illegal, indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), defamatory, invasive of privacy or otherwise injurious to third parties; and that it will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User-Generated Content. In additional to the restrictions described above, you may not submit User-Generated Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. Sandy Hook Promise will remove all User-Generated Content if properly notified that such User-Generated Content infringes on another's intellectual property rights.

Furthermore, you cannot use this website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Website; promote bigotry or discrimination against protected classes; transmit or post pornography or illegal content; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any content on this website; take any action that imposes or may impose an unreasonable or disproportionately large load on this website or Sandy Hook Promise's technology infrastructure; or violate any applicable laws.

You are solely responsible for and assume all risks associated with your User-Generated Content. This includes any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in your User-Generated Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize Sandy Hook Promise to use your User-Generated Content as described herein.

Sandy Hook Promise does not endorse any User-Generated Content or any opinion, recommendation, or advice expressed therein, and Sandy Hook Promise expressly disclaims any and all liability in connection with User-Generated Content. You may not imply that your User-Generated Content is in any way sponsored or endorsed by Sandy Hook Promise or its partners and contributors identified on this website. You understand further that Sandy Hook Promise does not screen or filter User-Generated Content, and may entirely at its discretion remove or not remove such content even if flagged by another user as inappropriate, offensive, or allegedly in violation of the T&C.

License to Sandy Hook Promise Users

You agree that, by submitting any User-Generated Content to Sandy Hook Promise, you are granting to Sandy Hook Promise a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display that User-Generated Content in connection with the this Website and Sandy Hook Promise's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User of this website a non-exclusive license to access your User-Generated Content through the Website, and to use, reproduce, distribute and display such User-Generated Content as permitted through the functionality of the Website and under these T&C.

The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User-Generated Content videos from this website. You understand and agree, however, that Sandy Hook Promise may retain, but not display or distribute, server copies of this User-Generated Content that have been removed or deleted. The above licenses granted by you with respect to your User-Generated Content comments are perpetual and irrevocable.

Sandy Hook Promise's Use of User-Generated Content

Sandy Hook Promise may or may not use your User-Generated Content in its sole discretion. For example, we may choose not to publish your User-Generated Content if we believe it violates the T&C. In addition, please note that we have no obligation to retain or provide you with copies of your User-Generated Content, nor do we guarantee any confidentiality with respect to your User-Generated Content.

Sandy Hook Promise and its partners, licensees and funders may display advertisements and other information adjacent to or included with your User-Generated Content on the Website and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Donations Made Through This Website

This website is used by Sandy Hook Promise to enable individuals to make online donations to support our work. Sandy Hook Promise is composed of two nonprofit corporations. The first is Sandy Hook Promise Foundation, a section 501(C)(3) organization. Contributions to the Foundation are tax deductible. The second nonprofit is Sandy Hook Promise Action Fund, a section 501(C)(4) advocacy organization. Contributions to the Action Fund are not tax deductible.

Within the Sandy Hook Promise Foundation exists a temporarily restricted fund called the Sandy Hook Promise Community Fund. Donations to the Community Fund are tax-deductible to the extent allowed by the law with 100% going exclusively towards helping families and those in our community impacted by the tragedy.

Termination

Sandy Hook Promise reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. Sandy Hook Promise expressly reserves the right to remove your User account and/or restrict, suspend, or terminate your account and your access to any part of the Website if it determines, in its sole discretion, for example, that you breached the T&C or are suspected of involvement in illegal activity.

You may request that your information on our website be removed at any time, for any reason, by sending an email to info@sandyhookpromise.org, Subject: REMOVE MY INFORMATION. In the event we choose to remove all or a portion of the information you have provided to us through the use of this website, this T&C shall remain in effect.

Ownership

Sandy Hook Promise owns all of the content that is available on this website, including but not limited to visual interfaces, interactive features, graphics, scripts, photo, sounds, music, videos, design, compilation, computer code, products, software, text, aggregate user review ratings, and all other elements and components of the Website, excluding User-Generated Content and any third party content. Sandy Hook Promise also owns or has the license for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Sandy Hook Promise Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Sandy Hook Promise Content in whole or in part except as expressly authorized by Sandy Hook Promise. Except as expressly and unambiguously provided herein, Sandy Hook Promise does not grant you any express or implied rights. All rights in and to the Website and the Sandy Hook Promise Content are retained by Sandy Hook Promise.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Sandy Hook Promise's policy to terminate a User's account and privileges of any Sandy Hook Promise User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Sandy Hook Promise by the copyright owner or the copyright owner's legal agent. Pursuant to the Digital Millennium Copyright Act, if you believe that any of Sandy Hook Promise's User-Generated Content or other content infringes on your copyright, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Sandy Hook Promise; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. Sandy Hook Promise's Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@sandyhookpromise.org.

Warranty Disclaimers

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SANDY HOOK PROMISE'S WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH SANDY HOOK PROMISE'S WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE SANDY HOOK PROMISE'S WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT SANDY HOOK PROMISE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Damages; Indemnification

You agree that you will be responsible for any damages resulting from any violation of these T&C. You further agree to indemnify and hold Sandy Hook Promise, and its owners, affiliates, officers, directors, agents and employees, contributors, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these T&C, or any violation of any law or the rights of any third party that occurs in connection with your use of Sandy Hook Promise's website.

Choice of Law and Forum

These T&C shall be governed by and construed in accordance with the laws of the State of Delaware, excluding conflicts of law rules. You agree that, unless expressly waived by us, the exclusive jurisdiction for any claim or action arising out of or relating to these T&C or your use of this website shall be in the state or federal courts located in the State of Delaware, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You also agree that in the event of any action to enforce or interpret these T&C, the prevailing party shall be entitled to collect its reasonable attorney fees.

Modification and Severability

Sandy Hook Promise reserves the right to make changes to these T&C and our other legal notices at any time without notice to you. By continuing to use this Website following our posting of such changes, you agree to be bound by these T&C as modified. We may change, restrict access to, suspend or discontinue this website, or any portion of thereof, at any time.

Miscellaneous

Sandy Hook Promise and you are independent entities, and nothing in these T&C, or via use of the Website, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Sandy Hook Promise and you. Any rights and licenses granted under these T&C, may not be transferred or assigned by you, but may be assigned by Sandy Hook Promise without restriction. If any of provision of these T&C shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of these T&C. The failure of Sandy Hook Promise to exercise or enforce any right or provision of this T&C shall not operate as a waiver of such right or provision. The section titles in this T&C are for convenience only and have no legal or contractual effect. This T&C operates to the fullest extent permissible by law.

If you have any questions regarding these T&C, please contact us at: info@sandyhookpromise.org.