Effective Date: May 23, 2023
These Terms of Service (“Terms”) govern your access and use of The Bail Project’s (“The Bail Project,” “we,” or “us”) website, https://bailproject.org/ and any other website owned and operated by us from time to time (collectively, the “Site”), and use of the services available on our Site (collectively, with the Site, the “Service”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE BAIL PROJECT’S PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN DO NOT ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE THE SERVICE. We reserve the right to make unilateral modifications to the Terms and/or Service and we will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access or use the Service (collectively, “Users” or “you”). These Terms apply to all Users of the Service, including, without limitation, Users who are contributors of content, information and other materials or services on the Service. Your access and use of the Service will be subject to the version of the Terms posted on the Site at the time of use.
1. Use of Our Service.
1.1 The Bail Project Mission. The Bail Project is a national nonprofit organization that pays bail for people in need, reuniting families and restoring the presumption of innocence.
1.2 Our License to You. Subject to these Terms, we hereby grant you a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal use only as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and Bail Project Content (defined below). We may terminate this license at any time for any reason or no reason. Notwithstanding the foregoing, any use or access to the Service by anyone under the age of the age of majority in his/her resident state is strictly prohibited and violates this Agreement. If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian.
1.3 General. Unless otherwise permitted by The Bail Project in writing, the content of the Service is intended for personal, non-commercial purposes only. You agree to use the Service only for lawful, noncommercial purposes and in compliance with these Terms and all international, federal, state and local laws. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Service. You specifically agree not to access, attempt to access (or assist or enable others to access) any of the Services through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).
1.4 Our Rules.
Dos. You represent, warrant, and undertake that you will: (i) comply with all laws and regulatory requirements; (ii) provide accurate and complete information; and (iii) maintain in strict confidence the confidentiality and use of and access to Bail Project Content (as defined in Section 2.1) and the Service using your username and/or password. In addition, you represent and warrant that you are the age of majority in your jurisdiction of residence.
Don’ts. You represent, warrant, and undertake that you will not: (i) copy, distribute, or disclose any part of the Service; (ii) transmit spam, chain letters, or other unsolicited email; (iii) attempt to interfere with, or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) upload invalid data, viruses, worms, malware or other software agents through the Service; (v) collect or harvest any personally identifiable information; (vi) use the Service for any commercial solicitation purposes; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (ix) sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bail Project Content (as defined in Section 2.1) or Service; (x) transmit, publish or otherwise distribute or make available any message, information, text or other material that (a) is the property of another without their consent or (b) may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable; (xi) share your username and/or password with any other person; or (xii) use any crawling, scraping or other tools that may be used to scrape the Site for information .
2. Our Proprietary Rights.
2.1 Intellectual Property Rights. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, the “Bail Project Content”) and all Intellectual Property Rights related thereto, are the exclusive property of The Bail Project and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. Use of the Bail Project Content for any purpose not expressly permitted by these Terms is strictly prohibited. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
2.2 Service Feedback. If you submit to us any suggestions related to the Service (individually, “Suggestion” or collectively, “Suggestions”), you agree that such submissions are free and without restriction. Such submissions do not create any fiduciary duty or other obligation between The Bail Project and you. The Bail Project is free to use (or not use) any Suggestion without compensating you, and/or attribute any Suggestion to you. You acknowledge that We may have independently developed similar ideas to your Suggestions.
2.3 User Content & Posting Policy.
a. From time to time on certain areas of our Service you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree that you will not (i) post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by The Bail Project; (ii) post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) impersonate any person or organization, including without limitation, the personnel of The Bail Project, or misrepresent an affiliation with another person or organization; or (iv) post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Service, or feature of the Service. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Service or features therein. The Bail Project may delete all User Content associated with your account at any time, and without notice, if The Bail Project deems that you have violated these Terms, the law, or for any other reason. The Bail Project assumes no liability for any information removed from our Service, and reserves the right to permanently restrict access to the Service.
b. By displaying, publishing, or otherwise posting any User Content on or through the Service, you hereby grant to The Bail Project a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Service and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
c. You agree to indemnify and hold harmless The Bail Project and its affiliates, subsidiaries, agents, licensors, managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or related to your violation of these Terms, including the Posting Policy, or any violations thereof by you or your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to The Bail Project or this Service.
2.4 Other’s Applications or Websites. You are responsible for deciding if you want to access or use third-party apps or sites that link from our Service. If you allow a third-party app or site to authenticate you or connect with your Service account, that app or site can access information related to you. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps – use these at your own risk.
3. Donations.
3.1 Donations Through the Service. You may make donations to The Bail Project through the Service by following the instructions and providing the necessary information on the Site. You are responsible for the accuracy of the information you provide when making a donation to The Bail Project. You represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have the lawful right to provide such information to The Bail Project for use in receiving your donations. Once a donation is made, the transaction is final and nonrefundable, and cannot be disputed or reversed unless it was made fraudulently. When you make a donation, we may need to verify your identity or the details you have given us; you agree that you will provide such information or documents as we reasonably request from time to time to enable us to do so.
3.2 Billing Policies. You hereby authorize us and our designated payment processor(s) to store your payment and other related information in connection with your payment. The Bail Project may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion.
3.3 Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a donation or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such donations or other monetary transaction interactions.
4. Merchandise. From time to time, you may choose to purchase certain merchandise through our Site. Due to the current print to order nature of our online store we are unable to offer exchanges or refunds at this time. ALL PURCHASES MADE THROUGH OUR SITE ARE FINAL SALE AND NON-REFUNDABLE. If you have any issues or concerns regarding an order you have placed on our online store, please contact us via our contact form.
5. Disclaimer and Limit of Liability.
5.1 No Warranty. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BAIL PROJECT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE BAIL PROJECT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5.2 Indemnification. You agree to defend, indemnify and hold harmless The Bail Project and its affiliates, subsidiaries, agents, licensors, managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content (including User Consent and Bail Project Content) transmitted or received by you; (ii) your violation of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party’s right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. The foregoing indemnity obligations will survive any termination of the Terms. This indemnification provision shall apply to third party claims as well as claims between you and The Bail Project under these Terms. The Bail Project reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Bail Project. The Bail Project will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BAIL PROJECT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THE BAIL PROJECT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BAIL PROJECT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING USER CONTENT AND BAIL PROJECT CONTENT); (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING USER CONTENT AND BAIL PROJECT CONTENT) OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING USER CONTENT AND BAIL PROJECT CONTENT) POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE BAIL PROJECT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE BAIL PROJECT HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
7. Termination of Service. The Bail Project may, at its sole discretion, with or without notice to you: (i) limit your access to the Service; (ii) terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement; or (iii) violate the Terms and/or the Privacy Policy. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
8. Privacy. The Bail Project respects your privacy when using the Service. We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into these Terms, by clicking here, and by using this Site you agree to the terms of the Privacy Policy.
9. General.
9.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Bail Project without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
9.2 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with The Bail Project in connection with the Service and our Privacy Policy, shall constitute the entire agreement between you and The Bail Project concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms constitute a binding agreement between you and The Bail Project, and are accepted by you upon your use of the Service. By using the Service you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
9.3 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Bail Project’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
9.4 Governing Law. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions. We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You hereby agree to waive your right to seek injunctive and/or equitable relief. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICE OR ANY CONTENT (INCLUDED BAIL PROJECT CONTENT) OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
9.5 No Partnership of Joint Venture. Both you and The Bail Project acknowledge and agree that no partnership or joint venture is formed and neither you nor The Bail Project has the power or authority to obligate or bind the other.
Contact Information. Please contact us with any questions regarding these Terms via our contact form or at:
The Bail Project
PO Box 750
Venice, CA 90294
(323) 366-0799
