| |
SocialVoter Terms of Service
Effective Date: July 4, 2008
General
These Terms of Service govern your use of the SocialVoter website (the “Site”)
and any associated online applications and services (the “Apps”). The Site and
Apps are owned and operated by SocialVoter, LLC (“we” or “us”). By using the
Site and Apps, you agree to be bound by these Terms of Service and to use the
Site and Apps in accordance with these Terms of Service, our Privacy Policy, and any additional
terms and conditions that may apply to specific sections of the Site and Apps
or to products and services available through the Site and Apps. Accessing the
Site and Apps, in any manner, whether automated or otherwise, constitutes use
of the Site and Apps and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new
conditions on use of the Site and Apps, from time to time, in which case we
will post the revised Terms of Service on www.socialvoter.com.
By continuing to use the Site and Apps after we post any such changes, you
accept the Terms of Service, as modified.
Intellectual Property Rights
SocialVoter, LLC’s Limited License to You. The Site, the Apps, and all
the materials available on the Site and Apps are the property of us and/or our
affiliates or licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site and Apps are provided solely for your
personal noncommercial use. You may not use the Site and Apps or the materials
available on the Site and Apps in a manner that constitutes an infringement of
our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the
materials, you may not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means) any
material from the Site and Apps.
Your License to SocialVoter, LLC. By posting or submitting any material
(including, without limitation, photos, videos, and other information) to us
via the Site and Apps, you are representing: (i) that you are the owner of the
material, or are making your posting or submission with the express consent of
the owner of the material; and (ii) that you are thirteen years of age or
older. In addition, when you submit or post any material, you are granting us,
and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit,
sell, exploit, create derivative works from, distribute, and/or publicly perform
or display such material, in whole or in part, in any manner or medium, now
known or hereafter developed, for any purpose. The foregoing grant shall
include the right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction. Also, in
connection with the exercise of such rights, you grant us, and anyone
authorized by us, the right to identify you as the author of any of your
postings or submissions by name, email address or screen name, as we deem
appropriate.
Limitations on Linking and Framing. You may establish a hypertext link
to the Site and Apps so long as the link does not state or imply any
sponsorship of your site by SocialVoter, LLC. However, you may not, without
our prior written permission, frame or link any of the content of the Site or
Apps, or incorporate into another website or other service any of our material,
content or intellectual property.
Notice of Copyright Infringement. If you are a copyright owner who
believes your copyrighted material has been reproduced, posted or distributed
via the Site and Apps in a manner that constitutes copyright infringement,
please inform our designated copyright agent by sending written notice by U.S.
Mail to: SocialVoter, LLC, 1201 Pennsylvania Ave, Suite 325, Washington, DC 20004,
Attn: Copyrights. Please include the following information in your written
notice: (1) a detailed description of the copyrighted work that is allegedly
infringed upon; (2) a description of the location of the allegedly infringing
material on the Site and Apps; (3) your contact information, including your
address, telephone number, and, if available, email address; (4) a statement by
you indicating that you have a good-faith belief that the allegedly infringing
use is not authorized by the copyright owner, its agent, or the law; (5) a
statement by you, made under penalty of perjury, affirming that the information
in your notice is accurate and that you are authorized to act on the copyright
owner’s behalf; and (6) an electronic or physical signature of the copyright
owner or someone authorized on the owner’s behalf to assert infringement of
copyright and to submit the statement. Please note that the contact
information provided in this paragraph is for suspected copyright infringement
only. Contact information for other matters is provided elsewhere in these
Terms of Service or on the Site and Apps.
Disclaimers
Throughout the Site and Apps, we have provided links and pointers to Internet
sites maintained by third parties.
Our linking to such third party sites does
not imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, neither we
nor our parent or subsidiary companies nor any of our respective affiliates
operate or control in any respect any information, products or services that
third parties may provide on or through the Site and Apps or on websites linked
to by us on the Site and Apps.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, APPS AND
ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE AND APPS OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THE SITE AND APPS, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SITE AND APPS OR MATERIALS ON THIS SITE AND APPS OR ON THIRD PARTY
WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
You must provide and are solely responsible for all hardware and/or software
necessary to access the Site and Apps. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
The Site and Apps are provided for informational purposes only, and are not
intended for trading or investing purposes, or for commercial use. The Site
and Apps should not be used in any high risk activities where damage or injury
to persons, property, environment, finances or business may result if an error
occurs. You expressly assume all risk for such use.
Online Commerce
Certain sections of the Site and Apps may allow you to purchase many different
types of products and services online that are provided by third parties. We
are not responsible for the quality, accuracy, timeliness, reliability or any
other aspect of these products and services. If you make a purchase from a
merchant on the Site, Apps or on a site linked to by the Site and Apps, the
information obtained during your visit to that merchant’s online store or site,
and the information that you give as part of the transaction, such as your
credit card number and contact information, may be collected by both the
merchant and us. A merchant may have privacy and data collection practices
that are different from ours. We have no responsibility or liability for these
independent policies. In addition, when you purchase products or services on
or through the Site and Apps, you may be subject to additional terms and
conditions that specifically apply to your purchase or use of such products or
services. For more information regarding a merchant, its online store, its
privacy policies, and/or any additional terms and conditions that may apply,
visit that merchant’s website and click on its information links or contact the
merchant directly. You release us and our affiliates from any damages that you
incur, and agree not to assert any claims against us or them, arising from your
purchase or use of any products or services made available by third parties
through the Site and Apps.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site and Apps. You agree to use the
Site and Apps and to purchase services or products through the Site and Apps
for legitimate, non-commercial purposes only. You also agree not to make any
purchases for speculative, false or fraudulent purposes or for the purpose of
anticipating demand for a particular product or service. You agree to only
purchase goods or services for yourself or for another person for whom you are
legally permitted to do so. When making a purchase for a third party that
requires you to submit the third party’s personal information to us or a
merchant, you represent that you have obtained the express consent of such
third party to provide such third party’s personal information.
Use of Company Directories
The information contained in any company directories that may be provided on
the Site and Apps is provided for business lookup purposes and is not to be
used for marketing or telemarketing applications. This information may not be
copied or redistributed and is provided “AS IS” without warranty of any kind. In
no event will we or our suppliers be liable in any way with regard to such
information.
Interactive Features
The Site and Apps may include a variety of features, such as bulletin boards,
web logs, chat rooms, and email services, which allow feedback to us and
real-time interaction between users, and other features, such as personalized
home pages and email services, which allow users to communicate with others. Responsibility
for what is posted on bulletin boards, web logs, chat rooms, and other public
posting areas on the Site and Apps, or sent via any email services on the Site
and Apps, lies with each user – you alone are responsible for the material you
post or send. We do not control the messages, information or files that you or
others may provide through the Site and Apps. It is a condition of your use of
the Site and Apps that you do not:
- Restrict or inhibit any other user from
using and enjoying the Service.
- Use the Site and Apps to impersonate any
person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
- Interfere with or disrupt any servers or
networks used to provide the Site and Apps or its features, or disobey any
requirements, procedures, policies or regulations of the networks we use
to provide the Site and Apps.
- Use the Site and Apps to instigate or
encourage others to commit illegal activities or cause injury or property
damage to any person.
- Gain unauthorized access to the Site and
Apps, or any account, computer system, or network connected to the Site
and Apps, by means such as hacking, password mining or other illicit
means.
- Obtain or attempt to obtain any
materials or information through any means not intentionally made
available through the Site or Apps.
- Use the Site and Apps to post or
transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any
kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law.
- Use the Site and Apps to post or
transmit any information, software or other material that violates or
infringes upon the rights of others, including material that is an
invasion of privacy or publicity rights or that is protected by copyright,
trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or rights
holder.
- Use the Site and Apps to post or
transmit any information, software or other material that contains a virus
or other harmful component.
- Use the Site and Apps to post, transmit
or in any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
- Use the Site and Apps to advertise or
solicit to anyone to buy
or sell products or services, or to make
donations of any kind, without our express written approval.
- Gather for marketing purposes any email
addresses or other personal information that has been posted by other
users of the Site and Apps.
You understand that we have no
obligation to monitor any bulletin boards, chat rooms, web logs, or other areas
of the Site
and Apps through which users can supply information
or material. However, we reserve the right at all times to disclose any
information we believe necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials, in
whole or in part, that in our sole discretion are objectionable or in violation
of these Terms of Service. We also reserve the right to deny access to the
Site, Apps or any features of the Site
and Apps to anyone who violates these Terms of
Service or who, in our sole judgment, interferes with the ability of others to
enjoy the Site and Apps or infringes the
rights of others.
Registration
To access certain features of the Site and Apps,
we may ask you to provide certain demographic information including your
gender, year of birth, zip code and country. If you are obtaining access to the
Site and Apps through a third party, in lieu of registration, you agree to
allow us to obtain and retain any and all information you provide to that third
party. In addition, if you elect to sign-up for a particular feature of the
Site and Apps, such as chat rooms, web logs,
or bulletin boards, you may also be asked to register with us on the form
provided and such registration may require you to provide personally
identifiable information such as your name and email address. You agree to
provide true, accurate, current and complete information about yourself as prompted
by the registration form. If we have reasonable grounds to suspect that such
information is untrue, inaccurate, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
Site and Apps (or any portion thereof). Our
use of any personally identifiable information you provide to us as part of the
registration process and your use of the Site and Apps is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site and Apps,
you may need a username and password, which you will receive through the Site’s
and Apps’ registration process. You are responsible
for maintaining the confidentiality of the password and account, and are
responsible for all activities (whether by you or by others) that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each session. We
cannot and will not be liable for any loss or damage arising from your failure
to protect your password or account information.
Subscription Services
Subscription and
Fee-based Services. Some features of or
services provided through the Site are fee-based (all subscriptions and
fee-based services are referred to as "Subscription Services"). If
you elect to purchase Subscription Services you understand that your
subscription is personal to you, and you may not transfer or make available
your account name and password to others, including without limitation your
co-workers. Any distribution by you of your account name and password may
result in cancellation of your subscription without refund and in additional
charges based on unauthorized use. From time to time the Subscription Services
may change, without prior notice.
Canceling Subscription Services. You may terminate
Subscription Services at any time by contacting our Customer Service
Department. If you have a dispute with us relating to the Site or the
Subscription Services, you may cancel the Subscription Services. The
cancellation of Subscription Services is your only remedy with respect to any
such dispute that you may have with us. We will attempt to process all
cancellation requests within 72 hours after we receive your request. Any such
termination or cancellation is subject to the no-refund policy described
below. Please remember that if we determine, in our sole discretion, that you
are not complying with the Terms of Service (including, without limit, the
Community Guidelines therein), we reserve the right to terminate your Subscription
Services. Upon any termination or cancellation of your Subscription Services,
we may immediately deactivate or delete your membership and all related
information and/or bar any further access by you to the Site.
Payment. Prices for all Subscription Services
exclude all applicable taxes and telecommunication charges, unless expressly
stated otherwise. To the extent permissible under law, you are responsible for
any applicable taxes, whether or not they are listed on your receipt or
statement. If you purchase Subscription Services, you agree to pay, using a
valid credit card (or other form of payment that we may accept from time to
time), the applicable fees and taxes (if any) set forth on the Site. We
reserve the right, upon prior notice to you, to change the amount of any fees
and to institute new fees, effective at the end of your current subscription
period. All authorized charges will be billed to your designated credit card
account (or other payment method) on the terms described in the specific
offer. If payment cannot be charged to your credit card or your payment is
returned to SocialVoter
for any reason, SocialVoter reserves
the right to either suspend or terminate your access to the unpaid Subscription
Services.
Refund Policy. Payment for joining SocialVoter is
non-refundable.
Automatic Renewal. If you are
participating in Automatic Renewal, SocialVoter will
automatically renew your subscription on the anniversary of your purchase to
ensure that there is no interruption of your member privileges. SocialVoter will
charge your credit card at the then-current renewal rate using the credit card
information we have on file for your account. Unless you provide SocialVoter with
prior notice that you are canceling your subscription,
we may renew your
subscription without further authorization from you. Please note that even if
you provide us with notice, it will not affect charges submitted before SocialVoter can
reasonably act. Please contact the SocialVoter Customer Service
Department to cancel your automatic renewal, cancel your subscription, or
change your payment method.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE AND APPS, INCLUDING ITS MATERIALS, PRODUCTS,
OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE
THROUGH THE SITE AND APPS, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY
OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH
STATE LAW). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE OR APPS, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE OR APPS, OR WITH ANY OF THE SITE’S OR APPS’ TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND APPS.
Termination
We may cancel or terminate your right to use the Site and Apps or any part of the Site and Apps at any time without notice. In the event of cancellation
or termination, you are no longer authorized to access the part of the Site
and Apps affected by such cancellation or
termination. The restrictions imposed on you with respect to material
downloaded from the Site and Apps, and the
disclaimers and limitations of liabilities set forth in these Terms of Service,
shall survive.
Other
This agreement constitutes the entire agreement between us and you with
respect to the subject matter contained in this agreement and supersedes all
previous and contemporaneous agreements, proposals and communications, written
or oral. You also may be subject to additional terms and conditions that may
apply when you use the products or services of a third party that are provided
through the Site and Apps. In the event of
any conflict between any such third-party terms and conditions and these Terms
of Service, these Terms of Service shall govern. This agreement shall be
governed by and construed in accordance with the laws of the State of New York
without giving effect to any principles of conflicts of law. If any provision
of this agreement shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
|
|
