TERMS OF USE

Acceptance of Terms

America Votes ("AV") provides a collection of online resources, http://www.americavotes.org/, ("the AV Site") subject to the following Terms of Use ("Terms"), which may be updated by AV from time to time.  AV may provide notice of materially significant changes to the Terms by posting notice on the AV site and/or email to registered users.

By using the AV Site in any way, including registration, you are agreeing to comply with these Terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with AV in any way, your only recourse is to immediately discontinue use of the AV Site.

Registration

If you register for the AV Site, you will be asked to select a user name and password, and provide some registration information.  You agree to provide us with true, accurate, complete and updated registration information.  You are responsible for safeguarding the confidentiality of your password(s) and user name(s), and are solely liable for any use or misuse of your account or of the AV Site resulting from any third party using your password or user name.  You agree to notify us immediately of any unauthorized use of your account(s), user name(s), or password(s), or of any other breach of security.

Content

You understand that all postings, stories, diaries, messages, text or other materials, including any images, photos, video, or sounds, ("Content") posted on, transmitted through, or linked from the AV Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the AV Site. You understand that AV does not control, and is not responsible for Content made available or distributed through the AV Site, and that by using the AV Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You acknowledge that AV does not pre-screen or approve Content, but that AV shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the AV Site, for violating the letter or spirit of the Terms or AV’s etiquette guidelines or for any other reason.

Proprietary Rights

The AV Site is protected to the maximum extent permitted by copyright laws and international treaties. You acknowledge and agree that all information displayed or transmitted on the AV Site, including user Content, is protected by copyright, trademark and other intellectual property laws and by international conventions.  You may not use or distribute any Content received through the website without the authorization of the Content owner, except for your non-exclusive, non-commercial use of Content for your personal political activism.

Although AV does not claim ownership of content that its users post, by posting Content to the AV Site, you automatically grant, and you represent and warrant that you have the right to grant, to AV a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said Content.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AV’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at webmaster@americavotes.org

America Votes
1401 New York Ave, NW
Suite 720
Washington, DC 20005

Please provide our Agent with the following Notice:

   1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
   2. Identify the material on the AV site that you claim is infringing, with enough detail so that we may locate it on the website;
   3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
   5. Your address, telephone number, and email address; and
   6. Your physical or electronic signature.

 

AV’s Agent will forward this information to the alleged infringer.

Privacy and Information Disclosure

AV has established a Privacy Policy to explain to users how their information is collected and used, located at [URL].  Your use of the AV Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that AV may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of AV, its users or the general public or as otherwise described in its Privacy Policy.

Conduct

If you post on the AV Site, you agree to abide by the etiquette guidelines established by AV, which may change from time to time.  Furthermore, you shall not post or transmit to or through this website any Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; or harms minors in any way; (b) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or promotes physical harm or injury against any group or individual; (c) impersonates any person or entity, including, but not limited to, an AV employee or volunteer, or falsely states or otherwise misrepresents your affiliation with a person or entity; (d) includes personal or identifying information about another person without that person's explicit consent; (e) provides instructional information about illegal activities; (f) violates the rights of others, such as Content which infringes any copyright, trademark, patent, or trade secret, or violates any right of privacy or publicity or that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (g) constitutes or contains unauthorized commercial advertising, such as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial email; (h) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the AV Site; (i) contains viruses or other contaminating or destructive software; or (j) violates any applicable local, state, national or international law or regulation, including without limitation all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  You further agree not to use the AV Site for any commercial purposes, or for any purpose at all other than for your personal political activism, without written approval from AV.

Access Limitations and Termination

You acknowledge that AV may establish limits concerning use of the AV Site, including the maximum number of days that Content will be retained by AV Site, the maximum number and size of postings, messages, or other Content that may be transmitted or stored by the AV Site, and the frequency with which you may access the AV Site.

You further agree that AV, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the AV Site (or any part thereof), immediately and without notice, and remove and discard any Content within the AV Site, for any reason, including, without limitation, if AV believes that you have acted inconsistently with the letter or spirit of the Terms.  It is AV’s policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.  Further, you agree not to attempt to use the AV Site after said termination.
You understand and agree that that AV has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the AV Site and that AV shall not be liable to you or any third-party for any termination or limitation of your access to the AV Site. The provisions regarding disclaimers of warranty, limitations of liability and indemnity shall survive termination.

Fundraising, Promotion and Political Activities

AV may run fundraisers, advertising, or other promotions on the AV Site and use Content or other information supplied by users, without recompense to users, in support of political activities or as AV otherwise deems appropriate to fulfill its political mission.

Linking

The AV Site and Content available through the AV Site may contain links to other websites, including those sites maintained by political organizations, government agencies and news media outlets, which are completely independent of AV.  AV makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other website is at your own risk.


Disclaimer of Warranties

YOU AGREE THAT USE OF THE AV SITE IS ENTIRELY AT YOUR OWN RISK.  THE AV SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, AV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AV SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, AV DISCLAIMS ANY WARRANTIES FOR OTHER SITES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AV SITE, OR ACCESSED THROUGH ANY LINKS ON THE AV SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, AV DISCLAIMS ANY WARRANTIES THAT THE AV SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AV SITE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL AV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE AV SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AV SITE, FROM INABILITY TO USE THE AV SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AV SITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SITES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AV SITE OR ANY LINKS ON THE AV SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AV SITE OR ANY LINKS ON THE AV SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, THAT YOU MAY NOT RELY ON SAID CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL AV BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE MADE AVAILABLE VIA THE AV SITE. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold AV, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Site providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the AV Site, your use of the AV Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General

The Terms constitute the entire agreement between you and AV and govern your use of the AV Site, superceding any prior agreements between you and AV with respect to the AV Site.  The Terms and the relationship between you and AV shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and AV agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia. The failure of AV to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the AV Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The headings in the Terms are for the purpose of convenience only, and have no legal or contractual significance.