Terms of Service

Welcome to the OpenLetter.to service, owned, operated, and provided by Tightrope Interactive, Inc (“Tightrope Interactive”, “us”, or “we”). These Terms of Service (“Terms”) govern your use of the OpenLetter.to site (“Site” or “Service”) or any service that includes an authorized link to these Terms.

By using our Service, you agree to these Terms as well as the OpenLetter.to Privacy Policy. If you do not agree to our Terms, you must navigate away from our Site. If you are under 18, you must have your parent or guardian's permission before you use our Site. In an effort to comply with the Children's Online Protection Act (COPA), we will not knowingly collect personally identifiable information (PII) from children under the age of 13.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICE. BY USING THE SERVICE, YOU HEREBY ACCEPT THESE TERMS.

1. Registration

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Service unless you are above the required age.

2. Intellectual Property

The content, information, data, designs, code, and materials associated with the Service are protected by intellectual property and other applicable laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with the Service or Site. We reserve the right to block, disable, or otherwise remove any materials and/or content from the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement or for any other reason.

If you believe that content or material on the Site infringes your copyrights, please contact us by mail at:

[Legal Department] Tightrope Interactive, Inc.
588 Sutter Street #551
San Francisco, CA 94102;

By telephone at: (888.724.4867)

Or by email at: legal@openletter.to

In order to meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe
3. Acceptable Use

The Service has been designed to present content in a unique format and appearance. Unless we give you permission, you agree not to access the Service using any interface other than ours or others that we have provided. We may deny permission to link to the Service for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms, you may not use the Service to do the following or assist others to do the following:

  1. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
  2. Link to the Service from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  3. Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  4. Transmit files that contain viruses, spyware, adware, or other harmful code;
  5. Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
  6. Interfere with others using the Service or otherwise disrupt the Service; or
  7. Transmit, collect, or access personally identifiable information (PII) about other users without the consent of those users and Tightrope Interactive.

Users, nonprofits, PACs, donors, charities, and other organizations may upload, post, and/or distribute to their profile, causes, forums, communities, other portions of the Site, or to others via the Site information, text, data, photos, audio, video, images, graphics, links, logos, votes, and other content or materials in accordance with the Terms.

All of the content on the Site, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of the Site, are the proprietary property of OpenLetter.to, which is owned by Tightrope Interactive. Any rights to content not expressly granted to you herein are reserved by OpenLetter.to. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Site or content in any form or by any means, in whole or in part, without express written permission from OpenLetter.to, and any such use is strictly prohibited, except in regards to your own materials posted on the Site in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from OpenLetter.to, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content or materials displayed on the Site or (b) alter or modify any content on the Site.

The Site may allow you to upload, post, and/or distribute materials, use the Site, view, copy or download content and materials for your personal, non-commercial use, subject to the following conditions:

  1. You understand that all your materials and the consequences of such posting materials are your sole responsibility and are subject to the OpenLetter.to Terms and the Privacy Policy.
  2. You understand that by using the Site you may be exposed to materials that are offensive, objectionable or indecent. OpenLetter.to may, but is not obligated to, preview or review any materials and, in its sole discretion, block or remove without notice materials that violate the Terms or are otherwise objectionable from the Site. However, failure to block or remove any materials is not an endorsement, warranty, representation, or guarantee regarding such materials.
  3. You represent and warrant that your materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
  4. Unless expressly allowed in the Terms or you receive prior written consent from OpenLetter.to, you shall not upload to, distribute through, or otherwise publish through the Site any materials that are commercial in nature or materials that contain any solicitation of funds (except by or on behalf of nonprofits), promotion, advertising or solicitation for goods or services without OpenLetter.to's express written consent.
  5. By posting, uploading or otherwise distributing your materials on the Site, you explicitly consent that other users of the Site may access, display, view, store, and/or download such materials, and post or forward such materials to others who may or may not be registered users of the Site and you hereby grant (and represent and warrant that you have all necessary rights to grant) to OpenLetter.to a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such materials and incorporate such materials into other works in any form, media or technology. By providing materials to the Site, you hereby permit OpenLetter.to to identify you as the provider of such materials in any form, media and technology. You may revoke this license in regard to the right to display your materials by removing your materials from the Site. If you provide your email address at the Site, we may use your email address to contact you and notify you of any Site news. You can choose which types of email you receive from us by changing your account settings at the Site. Generally, you cannot opt-out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
  6. You agree that OpenLetter.to has no liability or responsibility for the storage or deletion of any materials that you submit or post or emails you send through the Site. OpenLetter.to reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
4. Modifications

We reserve the right to occasionally change these Terms, so we encourage you to review the Terms periodically. If you continue to use the Service after we change the Terms, you hereby accept all changes.

5. Third-Party Content

We occasionally provide third party content or link to third party websites on the Service. We do not necessarily endorse or evaluate third party content and websites, and we do not assume any responsibility for third parties' actions or omissions. You should review third parties' terms of use and privacy policies before you use their services.

6. Indemnification

You will defend, indemnify, and hold harmless OpenLetter.to, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “OpenLetter.to Indemnified Parties”) with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Service (including, without limitation use of your account, whether or not authorized by you). OpenLetter.to retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 6 without OpenLetter.to's prior written approval.

7. Disclaimer

OPENLETTER.TO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OPENLETTER.TO'S SERVICES, SYSTEMS, INFORMATION OR OTHER PRODUCTS DELIVERED. OPENLETTER.TO EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING OR CUSTOM OF TRADE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INTERNET IS AN UNREGULATED, PUBLIC NETWORK OVER WHICH OPENLETTER.TO EXERTS NO CONTROL. OPENLETTER.TO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND SHALL HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER OR OBTAINED USING THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OPENLETTER.TO DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE OPENLETTER.TO SITE AND ACCESS TO SUCH SITE MAY BE INTERFERED WITH BY NUMEROUS OUTSIDE FACTORS OUTSIDE OF OPENLETTER.TO'S CONTROL. OPENLETTER.TO IS NOT AND WILL NOT BE LIABLE FOR ANY SUCH DAMAGES OR LOSSES OF ANY TYPE CAUSED BY SUCH INTERFERENCE.

8. Assumption of Risks

Your interactions with users or other third parties (including advertisers, causes, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or

appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that OpenLetter.to shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this Site, or between a user and any third party, you understand and agree that OpenLetter.to is under no obligation to become involved and is not subject to any liability.

9. Limitation of Liability

IN NO EVENT SHALL OPENLETTER.TO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF OPENLETTER.TO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

10. Links

OpenLetter.to and Site users may provide links to third party websites (including advertisers and others) on the Site. Third parties are not under the control of OpenLetter.to and OpenLetter.to is not responsible for their content or conduct. If you access a third party website from the Site, you do so at your own risk. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Site, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that OpenLetter.to shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

11. Governing Law; Jurisdiction

The Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of California. If any of the provisions of these Terms are deemed by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Arbitration

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Arbitration hearings shall be held in San Francisco, California. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

13. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our Site or delivering them to you via email. You may update your email address by visiting the Service where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Service, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.

14. Termination

OpenLetter.to reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Site and/or remove any registration information or materials from the Site, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and OpenLetter.to's rights and disclaimers survive, but your right to use the Site immediately ceases. OpenLetter.to's failure to act with respect to a breach by you or others does not waive OpenLetter.to's right to act with respect to subsequent or similar breaches.