LAST REVISED: July 6, 2016
The National Rifle Association of America (“NRA-ILA”), through its Institute for Legislative Action, operates the NRAILA.org website and its mobile application. By using our website/mobile application in any way, you accept these Terms of Service (“Agreement”). Please read this Agreement carefully. By accessing or using our website/mobile application, you are bound by these terms of conditions. If you do not agree to all of these terms, do not use or access the website/mobile application. These terms may change at any time, for any reason, and at our sole discretion. You should review the Terms of Service periodically to understand any changes.
Questions about our Privacy or Terms of Service may be directed to [email protected]
- Who May Use Our Website/Mobile Application
NRA-ILA does not allow persons under 13 to register for any service, and we do not knowingly collect any personal identifiable information from persons under the age of 13.
- License to NRA-ILA Website/Mobile Application
NRA-ILA grants you a limited, non-exclusive license to access and use our website/mobile application for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by NRA-ILA in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble our website/mobile application. Unless otherwise indicated, all website/mobile application content and other materials, including logos, designs, texts, graphics, pictures, data, software, and other files are the property of NRA-ILA, its licensors, or users, and are protected by law. Nor will you take any measures to interfere with or damage our website/mobile application. All rights not expressly granted by NRA-ILA are reserved.
To use the login portion of the website/mobile application, you must register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account. In order to register, you will be asked to sign-in using your Facebook login. If you do so, you authorize us to access certain Facebook account information. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture. Please take precautions to protect your password and contact us at [email protected] if you believe an unauthorized person has accessed your account.
o What information we may collect about you;
o For what purpose we use that information;
o What third-party information, if any, you are agreeing to share by using our website/mobile application; and
o With whom we share that information.
- Licenses Granted by You
You grant NRA-ILA a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. You further grant all users of our website/mobile application permission to view your content for their personal, non-commercial purposes.
- Code of Conduct; Prohibited Activities
The NRA-ILA website/mobile application may include interactive services. You are solely responsible for your use of these services and use them at your risk. In using NRA-ILA’s website/mobile application:
o You will not act in a deceptive manner by, among other things, impersonating any person;
o You will not express or imply that any statements you make are endorsed by NRA-ILA without our specific prior written consent.
o You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
o You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
o You will not harass or stalk any other person;
o You will not harm or exploit minors;
o You will not collect information about others;
o You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
o You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
NRA-ILA has the right, but not the obligation, to monitor all conduct on and content submitted to NRA-ILA. NRA-ILA has absolute discretion to remove, screen, or edit any content posted or stored on its website/mobile application at any time for any reason. You are solely responsible for backing up and replacing any information you post at your sole expense.
- Term and Termination; Account Deletion
This Agreement begins on the date you first use NRA-ILA’s website/mobile application and continues until terminated in accordance with the provisions hereof.
NRA-ILA may suspend, disable, or delete your account (or any part thereof) if NRA-ILA determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage NRA-ILA or any entity affiliated with NRA-ILA. If NRA-ILA deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by NRA-ILA will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. NRA-ILA shall not be responsible for the loss of such content.
- Disclaimers; Limitation of Liability
o YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER NRA-ILA WEBSITE/MOBILE APPLICATION USERS.
o IN NO EVENT SHALL NRA-ILA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF NRA-ILA’S WEBSITE/MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, COMPUTER VIRUSES, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE WEBSITE/MOBILE APPLICATION OR COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE NRA-ILA WEBSITE/MOBILE APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE.
o NRA-ILA reserves the right to modify NRA-ILA’s website/mobile application. You are responsible for providing your own access to the website/mobile application. NRA-ILA has no obligation to screen or monitor any content and does not guarantee that any content available on its website/mobile application complies with this Agreement.
o The website/mobile application is provided on an “as is” and “as available” basis. You therefore use the site/mobile application at your own risk. NRA-ILA expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, NRA-ILA makes no representations or warranties:
- That the website/mobile application be uninterrupted or error-free;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the website/mobile application or will be stored by NRA-ILA;
- That NRA-ILA will continue to support any particular feature of its website/mobile application;
- Concerning sites and resources outside of the website/mobile application, even if linked to from NRA-ILA’s website/mobile application.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the website/mobile application, and no warranties shall apply after such period.
- Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other users. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to NRA-ILA or to any other user. If information provided to NRA-ILA, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”); content that:
o is patently offensive to the online community;
o harasses or advocates harassment of another person;
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
o solicits personal information from anyone under the age of 18;
o contains explicit content;
o provides instructional information about illegal activities, violating someone’s privacy or right of publicity, or providing or creating computer viruses;
o involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
o 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 images, audio or video, or links to pirated images, audio or video files;
o solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
o is, in the sole judgment of NRA-ILA, objectionable or which restricts or in any way inhibits any person from using NRA-ILA’s website/mobile application;
o exposes or may expose NRA-ILA to any liability of any type; or
o infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, publicity rights, etc.).
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
- Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to NRA-ILA’s website/mobile application and grant the licenses set forth above; (ii) NRA-ILA will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless NRA-ILA and its affiliated entities, as well as their directors, officers, employees, vendors, service providers, consultants, independent contractors, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but limited to, attorneys’ fees) that (i) arise from your use or activities on NRA-ILA’s website/mobile application; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to NRA-ILA violates any law or infringes any third party right, including any intellectual property or privacy right.
- Third Party Copyrights and Other Rights Copyright Policy
NRA-ILA respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to NRA-ILA’s website/mobile application do not infringe any third party copyright.
NRA-ILA will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, NRA-ILA may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
o Your name, address, telephone number, and email address (if any).
o A description of the copyrighted work that you claim has been infringed.
o A description of where the material that you claim is infringing is located on NRA-ILA’s website/mobile application, sufficient for NRA-ILA to locate the material.
o A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
o A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf.
o An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
Email: [email protected]
Offline: NRA-ILA, 11250 Waples Mill Rd, Fairfax, VA 22030
If you believe that your material has been removed by mistake or misidentification, please provide NRA-ILA with a written counter-notification containing the following information:
o Your name, address, and telephone number.
o A description of the material that was removed and the location where it previously appeared.
o A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
o A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which NRA-ILA may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
o Your electronic or physical signature.
You may submit this information via:
Email: [email protected]
Offline: NRA-ILA, 11250 Waples Mill Rd, Fairfax, VA 22030
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
NRA-ILA Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to NRA-ILA’s Copyright Agent:
Attn: Copyright Agent
11250 Waples Mill Rd, Fairfax, VA 22030
Email: [email protected]
- General Provisions
GOVERNING LAW: This Agreement and any disputes arising under this Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, or, if applicable, federal law.
DISPUTES: Any action arising under or related to this Agreement or your use of the website or mobile application shall be brought only in a federal or state court sitting within the County of Prince William, the County of Fairfax, or the City of Alexandria, in the Commonwealth of Virginia. You consent to and subject yourself to the personal jurisdiction of such courts and agrees that jurisdiction and venue for any proceeding arising hereunder shall lie exclusively with such courts.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by NRA-ILA in exercising any right hereunder will waive any further exercise of that right. NRA-ILA’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without NRA-ILA’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from NRA-ILA electronically. NRA-ILA may provide all such communications by email or by posting them on NRA-ILA’s website/mobile application. Support-related inquiries or notices of a legal nature may be sent to us at [email protected] or the following address:
11250 Waples Mill Rd, Fairfax, VA 22030
Nothing herein shall limit NRA-ILA’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT
This Agreement may not be modified except by a revised Terms of Service posted by NRA-ILA on NRA-ILA’s website or mobile application. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between NRA-ILA and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.