TROUBLENATION TERMS OF USE

Thank you for your interest in hosting an event or starting a group in support of Red Wine & Blue’s efforts to harness and grow the power and reach of women across the country. TroubleNation Events and Groups Tool website (“Website”) is a program of Red Wine & Blue (“RWB”), providing a centralized resource for existing organizations whose missions are aligned with RWB, as well as for highly-engaged members who wish to start groups in their local communities. These Terms of Use (the “Agreement”) govern your participation on and use of the Website and any other tools, services or content provided to you in connection with the TroubleNation program.

If you use the Website to host an event, or join or start a group, you must register for a User Account (“Account”) through the Website. For the purposes of this Agreement, anyone who makes use of the Website by creating an Account, RSVPing to an event, or taking any other action through the Website, is a Website User (“User”). You must accept the terms listed in this Agreement in order to become a User. If you fail to adhere to this Agreement, your Account and your participation in and use of the Website or the TroubleNation program may be terminated. If you have questions about this Agreement or our Privacy Policy, please contact us at Red Wine & Blue, 3675 Warrensville Center Rd. #202359, Cleveland, OH 44120 Email address: troublenation@redwine.blue. This Website is for use in the United States, only.

LICENSE. The TroubleNation program enables you to join and host supporter event(s) or supporter group(s) using the tools provided by RWB through the Website. RWB owns the Website, including Accounts, Event Pages, Groups Pages, and all associated tools and content, excluding solely content provided by you and content licensed from third parties. RWB grants a nonexclusive, nontransferable, freely revocable, limited license to you to make personal use only of the Website and the associated tools and services, solely to a) RSVP to attend a listed event or join a listed group, and/or b) list an event or a group in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction or sale or other commercial use of the Website and the associated tools and content, making any derivative of the Website or the associated tools and content, and the collection and use of User e-mail addresses or other User information for any purpose other than to contact Users about your group or event listed on the Website, including, without limitation, any data extraction or data mining whatsoever.  The data collected on and through the site is and will remain the property of RWB. While you are able to email your supporters through the Website, privacy considerations may prevent RWB from sharing your supporters’ email addresses with you. You are welcome to ask your group’s supporters to voluntarily provide their contact information to you separately. 

To the extent that any tools and templates on the Website include the name “Red Wine & Blue,” (“Name”), the foregoing license includes a nonexclusive, nontransferable, freely revocable, limited license to you to make personal use only of the Name solely and solely for use on the Website in accordance with the terms hereof. The foregoing licenses may be revoked by RWB at any time in its discretion for violation of these terms or for any reason or no reason whatsoever. All Event and Group Pages are and shall remain the property of RWB, and you shall obtain no ownership rights therein by creation or use thereof. By uploading any content to the Website, you are granting RWB a perpetual, irrevocable, royalty-free, nonexclusive, unrestricted, worldwide right and license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such content, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such content.

RWB owns all data collected through TroubleNation. If a User is removed for any reason, the User is not entitled to access records to anything from the TroubleNation site.

ACCOUNT INFORMATION. Registration of, access to, or use of an Account shall require a log in with a unique User Name and Password. You agree to keep the User Name and Password for your Account strictly confidential. By using the Website, you agree to receive messages from Red Wine & Blue and its family of affiliated organizations, and you represent and warrant that: (a) all information you submit to create an Account is truthful, accurate, current, and complete; and (b) you will maintain the accuracy of such Account Information by updating and revising it promptly. RWB does not monitor the information you provide on the Website generally, but if RWB becomes aware of information that may not be accurate, RWB may, in its sole discretion, make inquiries, either directly or through third parties, that RWB considers necessary to validate your Account Information. RWB considers false information a violation of this Agreement and may take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity; or RWB may suspend or cancel any Account it believes to be false, inaccurate or incomplete. Notwithstanding the foregoing, you acknowledge that RWB or its family of affiliated organizations cannot guarantee the accuracy of any information submitted by any User of the Website, nor any identity information about any User.

You may “unsubscribe” from your Account at any time. However, unsubscribing from TroubleNation will not unsubscribe you from RWB or its affiliated organizations.

USAGE AND CONTENT. When you use your Account to list an event, an individual Event Page will be created to list that event which will be searchable on the Website’s “Join an Event” page, including your first name and last initial as the event host. When you use your Account to start a group, an individual Group Page will be created to list that group, which will be searchable on the Website’s “Find a Local Group” page, including your first name and last initial as a group organizer.

By using the Website, you represent and warrant that: (a) all information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information by updating and revising it promptly; and (c) your use of the Website does not violate any applicable law or regulation. Further, you warrant that you are not a political organization under section 527 of the Internal Revenue Code, a national, state, or local political party, a state or local political action committee (PAC) or similar entity that directly contributes to candidates for public office. You shall immediately inform RWB if this status changes. Additionally you warrant that you:

• will not advertise or promote any other organization, vendor, or service, nor promote any commercial or for-profit endeavor or purpose.
• will not state or suggest that RWB endorses any product, firm, organization, service or activity.
• will not include events that name, or advocate for or against, any candidate for elected office (or their campaign or any political party) unless you include any and all disclaimers and disclosures required by applicable campaign finance law, AND such event is NOT coordinated with federal candidates or parties.
• will not fundraise for any candidate for elected office, his or her campaign, or any political party.
• will not promote or incite violence or bullying.
• will not post any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane or offensive content of any kind.
• will not include illegal or objectionable content, or use the Website or tools and content made available to you in an illegal or objectionable manner.
• will not post any content that violates or infringes the rights of any third party, including copyright, trademark, patent, privacy or publicity rights.
• are responsible for obtaining any necessary permissions for the content you post, including use of another’s name, likeness or personally identifying information, and any trademark and copyright clearance.
• will not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
• will not discriminate based on someone’s gender identity, sex, religion, race, ethnicity, nationality, or sexual orientation
• will not use defamatory language
• will not publicly oppose RWB’s core values
• will not engage in conduct that jeopardizes the tax-exempt status of RWB.

Any violation of the above warranties and prohibitions may result in immediate removal from the Website. Violators may be given warnings or they may be immediately removed. This determination is solely up to Red Wine & Blue. RWB is not required to provide a reason for the removal, though we may do so. RWB also maintains the right to remove any group or individual for any reason.

You are entirely responsible for all content posted by you to the Website and for your conduct in connection with the Website and the TroubleNation program. RWB is not responsible for any such content or conduct and is under no obligation to investigate, monitor or check any such content or conduct. RWB reserves the right to monitor such content or conduct as it deems appropriate. RWB may, in its sole discretion, make inquiries, either directly or through third parties, that RWB considers necessary to validate your use of the Website. RWB may at any time in its sole discretion reject your RSVP to an event or request to join a Group, refuse to post an Event or Group you have submitted, disable any Event or Group Page(s), or take legal action against anyone who misrepresents personal or other information or otherwise violates this Agreement.

RWB is not responsible for the actions and events taken by groups who are users of TroubleNation.

SITE ACCESS/PROGRAM PARTICIPATION/POLICY CHANGES. RWB may discontinue the Website or the TroubleNation program, or any portion or functionality of them, at any time. RWB may also restrict or discontinue your access to the Website and/or the Event or Group Page(s) if you violate any of this Agreement, or may take legal action against anyone who misrepresents personal information or otherwise violates this Agreement. RWB may modify this Agreement at any time in its discretion, which modification shall become effective upon notice thereof, which may be provided to you by posting on the Website, via email or any other reasonable means. Continued use of the Website shall constitute your acceptance of any such modifications. To remain in compliance, RWB suggests that you review these terms, as well as the Terms of Use and Privacy Policy on the redwine.blue site, at regular intervals. 

DISCLAIMER OF WARRANTY. THE WEBSITE, ITS MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. RWB makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the content, products and/or services, included therein. To the fullest extent permissible by applicable law, RWB disclaims all warranties, express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and/or infringement. When using the Website, information will be transmitted over a medium that is beyond the control of RWB. RWB cannot and does not guarantee that use of the Website will be error-free or free of technology downtimes or unavailability. RWB cannot and does not guarantee against viruses, worms, or other unauthorized users or hackers attempting to obtain access to the Website or information transmitted to or from the Website. RWB is not responsible for data, messages or pages lost, not delivered or misdirected because of interruptions or performance issues with the internet. USERS HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEBSITE.

LIMITATION OF LIABILITY. ALL USE OF THE WEBSITE AND THE PAGE, AS WELL AS ALL ACTIVITIES UNDERTAKEN BY YOU OR YOUR GUESTS AND INVITEES IN CONNECTION WITH ANY ACTIVITIES FOR THE TROUBLENATION PROGRAM, SHALL BE UNDERTAKEN AT YOUR OWN RISK. RWB AND OTHER RED WINE & BLUE AFFILIATED ORGANIZATIONS, AND THEIR OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, INJURIES, ACTIONS, OR CAUSES OF ACTIONS WHATSOEVER TO YOU, YOUR PROPERTY, OR YOUR EXECUTORS, HEIRS, OR ASSIGNS, ARISING OUT OF OR CONNECTED WITH PARTICIPATION IN THE TROUBLENATION PROGRAM, USE OF THE WEBSITE, OR CREATION OR USE OF ANY EVENT OR GROUP PAGE. IN NO EVENT SHALL RWB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES AND PENALTIES IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THE WEBSITE OR CONNECTIVITY TO OR FROM THE WEBSITE TO ANY OTHER SITE.

RELEASE. You hereby agree to release RWB, other members of the Red Wine & Blue family of affiliated organizations, and their respective officers, directors, employees, contractors, agents, successors and assigns from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Website.

INDEMNITY. You shall indemnify, defend and hold harmless RWB, other members of the Red Wine & Blue family of affiliated organizations, and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your importing of any content to the Website or an Event or Group Page, any third party claims of infringement or any breach by you of these terms. Any claim or dispute arising out of or relating to the Website or your use or reliance on the Website and this Agreement shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You agree to the exclusive venue and jurisdiction of the local, state or federal courts located in Cleveland, Ohio, for the resolution of any such claim or dispute.

CHILDREN. The Website is directed at adults, and therefore this site is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for permission and help in using the Website.

EXTERNAL LINKS. Please note that the Website may be linked to other sites which may have different terms of use. RWB does not own, control, manage, supervise, direct or otherwise have any involvement in the business or affairs of any third party site. RWB is not responsible for the privacy practices or the content of the third party site. Once you link to another site, you are subject to the privacy policy of that site. RWB encourages you to be aware when you are leaving the Website to read the privacy statements of each and every web site that you visit before providing any personally identifiable information.

OTHER APPLICABLE TERMS. Your use of the Website is also subject to Terms of Use (including but not limited to Digital Millennium Copyright Act Notices) and Privacy Policy, which are available on the redwine.blue website and which are incorporated herein by reference.