Terms of Use

Votocracy: More Voices, More Choices^TM

Welcome to the votocracy.com web site! This web site is operated by Votocracy LLC ("Company," "We" or "Us"), an independent, nonpartisan media company dedicated to promoting citizen participation in the United States political process. The services Company offers on votocracy.com (and any of its affiliated, replacement or successor web sites, all referred to as the "Site") include interactive applications for social and political networking on Facebook, information about candidates and potential candidates for United States office, message boards, community pages and other unique tools and technologies that support "more voices" and "more choices" in American politics (all referred to, collectively, as the "Company Services").

Please read these terms (the "Terms of Use") carefully, as your acceptance will create a legally binding agreement with Company. By accessing the Site and using any of the Company Services, you accept and agree to these Terms of Use, including the Code of Conduct and Privacy Policy, and to abide by all applicable laws, rules and regulations (collectively, "Applicable Law"). If you do not agree to these Terms of Use and to abide by Applicable Law, you must immediately leave the Site and discontinue your use of Company Services.

You may browse the Site and obtain information about Company Services without a Facebook user account or other registration with Company. Use of the Company Services, however, requires an active Facebook account. As a result, your use of the Company Services is subject to the Facebook terms of service as well as these Terms of Use. If you do not have a Facebook account, please visit www.facebook.com to obtain one. To access certain features and functionality of Company Services, you may also have to register as a Votocracy Candidate or Supporter, as each is defined below.

I. User Registration

Use of the Site and Company Services is limited to United States citizens, 18 years of age and older who are eligible to vote in federal elections. For more information on voter eligibility or to learn more about voter registration, see www.eac.gov.

To use and access all features of Company Services, you will first need to login using your Facebook account. Upon login, you will become a Votocracy "Usber." As a User, you can register as a Votocracy candidate ("Candidate") and/or become a supporter ("Supporter") of other Candidates as described below.

• To become a Supporter, you must be eligible to vote in the United States and register as a "Supporter" in Company Services.
• To become a Candidate, you must be eligible to hold public office in the United States and purchase a Candidate Profile page, as described in Section V, below. For more information on eligibility requirements to run for office in the United States, see www.fec.gov/ans/answers.candidate.
• Organizations with Facebook accounts may not become Candidates, but may instead register as, and become Supporters of, another Candidate.

By registering as either a Candidate or a Supporter in Company Services, you represent and warrant that you meet these eligibility requirements that you have the authority and capacity to agree to these Terms of Use.

Company Services are provided for your own (or your organization's if you are registering as an organization) personal use. Any registration information you submit to register with Company Services must be accurate, complete and kept updated. You are responsible for all use of your account in Company Services. You may not authorize others to use your user credentials, and agree to keep such credentials (including Facebook username and password) secure. You also agree not to use the username, email address or password of another User at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.

You or Company may suspend or terminate your account or your use of the Company Services at any time, for any reason or for no reason with or without notice to you. You are personally liable for any activity in Company Services (including any financial transactions you may engage in) prior to termination. Company may also block your access to the Company Services in the event that (1) you breach these Terms of Use, including the Code of Conduct; (2) Company is unable to verify or authenticate any information you provide; or (3) Company believes that your actions may cause financial loss or legal liability for you, other users or Company.

These Terms of Use, including its Code of Conduct which is incorporated by this reference, shall remain in full force and effect while you use the Site or are a Candidate or Supporter. Even after any termination of your use of Company Services, these Terms of Use will remain in effect.

II. Access and Use

Company hereby grants you the right to access and use the Company Services in accordance with these Terms of Use and subject to your continued compliance with the Code of Conduct. Any questions or comments regarding, or problems with, the Site should be sent to the Site Administrator at 205 Marion Street, Seattle, WA 98104 or help@votocracy.com or (206) 673-3609.

Your access to certain features of the Company Services may be conditioned on your acceptance of additional terms and conditions from either Company or third parties. For example, Company offers Users the opportunity to upload and display in Company Services their own materials, such as messages, chats, images, photos, videos and other content (collectively, "User Materials"). To upload or display certain User Materials, you may be required to download or use third party tools, technologies, plug-ins or other software ("Software"), such as the "YouTube Embeddable Player," applications for mobile devices and any other software that may be offered in Company Services now or in the future. Your ability to access or use this Software may be conditioned on your acceptance of third party terms of use. If you do not wish to accept those terms, you may not be able to access or use all or some of the features offered in Company Services. Additional terms may also apply to certain community pages, such as message boards and public forums, that are or may become available in Company Services.

III. User Materials

In using the Company Services, you agree to comply at all times with Company's Code of Conduct. All User Materials (including the name, voice, and/or likeness of a user) submitted in connection with other materials, posted or made available in Company Services remains the intellectual property of the individual user. By posting or otherwise making User Materials publicly available in Company Services, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Materials, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, any related television programs and wireless and online broadcasts and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Materials are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Materials. By submitting User Materials to Company Services, you permit Company to identify you as the provider in any form, media and technology. For clarity, Company has the right, but not the obligation, to attribute User Materials to its author or publisher.

Company does not encourage, and does not seek, User Materials that: (1) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (2) may create a risk of any other loss or damage to any person or property; or (3) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with posting or producing your User Materials. Without limiting the foregoing, you agree that your use of Company Services will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not trespass or interfere with the property of another without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. If notified of any User Materials that allegedly violate any provision of this Agreement, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and in addition to any other available rights or remedies, to remove any such User Materials from Company Services.

IV. Votocracy Materials

Except for User Materials, all technology, features, functionality, and content displayed within Company Services (including, without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, associated technology and software, and the look and feel of Company Services (collectively "Votocracy Materials"), are the proprietary property of Company, which is owned by Company or its licensors. Any rights to Votocracy Materials not expressly granted to you herein are reserved by Company. Unless explicitly stated herein, nothing in these Terms of Use 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 any Votocracy Materials in any form or by any means, in whole or in part, without express written permission from Company, and any such use is strictly prohibited, except in regards to your own User Materials that you choose to upload to the Company Services in accordance with these Terms of Use or as expressly allowed in these Terms of Use. Unless you have received specific written permission from Company, you may not (1) frame or otherwise impose editorial comment, commercial material or any information or User Materials on, or in proximity to, Votocracy Materials displayed on the Company Services or (2) alter or modify any Votocracy Materials.

V. Candidate Profiles

If you are a Candidate for a Votocracy election, you must purchase a Candidate Profile page. You acknowledge and agree that the fees paid for a Candidate Profile page represent the fair and reasonable costs of hosting your page on the Site and the unique Company Services that support, maintain and enable discoverability of the Candidate Profile page.

NO REFUNDS: ALL PURCHASES OF CANDIDATE PROFILE PAGES ARE FINAL.

No refund will be given, even if your Candidate Profile is taken down under these Terms of Use or you decide to remove your Candidate Profile prior to an election. Following the applicable election date, we may take down and/or archive your Candidate Profile without prior notice to you and you will no longer be able to access or edit certain User Materials pertaining to that election.

You are responsible for all content on your Candidate Profile. Company will not edit or censor the User Materials included in your Candidate Profile or otherwise validate or verify any information included on your Candidate Profile, including the authenticity, legality, or suitability of your User Materials.

If you choose to become an official candidate in any election, it is your responsibility to ensure that your Votocracy Candidate Profile page and your use of Company Services comply with applicable elections laws. For more information on becoming an official candidate for U.S. Office, see this toolkit for candidates made available free of charge by the Federal Elections Commission at www.fec.gov/info/toolkit.shtml#candidate.

Company may, but has no obligation to, identify your Candidate Profile as paid political advertising, such as a notice on the bottom of Your Candidate Profile page stating "Paid for by...." However, if such identification does not comply with the relevant state or federal laws, you agree that it is your responsibility to comply with such laws. Helpful information about state and federal elections, campaign and disclosure laws can be found on this interactive map: http://www.fec.gov/info/ElectionDate.

VI. Payments

For all charges for any products and services sold by, on, or through the Company Services (including Candidate Profile pages) Company or its third party payment processing service provider will bill your credit card or alternative payment method. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of Votocracy.

VII. Fundraising

Company does not solicit funds or donations on behalf of any individual Candidate. If you are a Candidate, campaign committee, or other entity that solicits funds on their behalf, you acknowledge and agree that Company has not made, and does not make, any solicitations to anyone for such campaign contributions or other fundraising activities. If you contribute to any political candidate, campaign committee, or any political action committee via a third party website, you acknowledge and agree that Company has not solicited your contribution in any way.

VIII. No Representations, Warranties or Endorsements

Inclusion of any User Materials, Candidate Profiles, Facebook advertising or other materials displayed or made available in Company Services does not constitute or indicate Company's endorsement, representation or warranty of such information (which may include Candidate or organization descriptions and missions, position statements, endorsements, and campaign contribution information) or its accuracy, completeness, or timeliness. Through Company Services, you may receive access to individuals or entities; however, your choice to contact, interact, or deal with any of these individuals or entities is your sole responsibility and Company is not involved in any transactions or dealings you have with any third parties.

IX. Copyright

If you believe that any Votocracy Materials or User Materials in Company Services infringe your copyrights, contact Company's copyright agent, who can be reached by mail at: Copyright Agent, Votocracy, 205 Marion Street, Seattle, WA 98104 or via email at copyright@votocracy.com.

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Company Services are covered by a single notification, a representative list of such works;
• 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;
• 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;
• A statement that the signer has 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
• 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 infringed.

X. Disclaimer of Warranties

COMPANY MAKES NO WARRANTY THAT ANY CANDIDATE REGISTERED IN COMPANY SERVICES IS ELIGIBLE FOR HOLDING ANY PUBLIC OFFICE, THAT MEMBERS ARE ELIGIBLE TO VOTE IN THE UNITED STATES OR THAT USE OF THE COMPANY SERVICES WILL RESULT IN A CANDIDATE'S ABILITY TO CAMPAIGN, APPEAR ON ANY BALLOT FOR POLITICAL OFFICE, OR BECOME ELECTED AS AN AMERICAN PRESIDENT OR ANY OTHER POLITICAL OFFICE.

COMPANY SERVICES (INCLUDING WITHOUT LIMITATION, ALL COMPANY SERVICES AND ANY INFORMATION OR THIRD PARTY SITES LINKED THERETO), CONTENT, VOTOCRACY MATERIALS, USER MATERIALS, ADVERTISEMENTS, LINKS, AND EMAILS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE OR WARRANTY THE ACCURACY, LEGALITY, APPROPRIATENESS, TRUTHFULNESS, OR OTHER QUALITIES OF ANY MEMBER MATERIALS, VOTOCRACY MATERIALS OR OTHER INFORMATION, PROFILES OR CONTENT OR THE RELATED PRODUCTS, EQUIPMENT, OR SERVICES. COMPANY HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AND OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE; AVAILABILITY OF COMPANY SERVICES; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH COMPANY SERVICES; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. COMPANY IS NOT ENGAGED IN THE PROVISION OF LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES AND YOU AGREE THAT THE COMPANY SERVICES DO NOT CONTAIN ANY LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. IF YOU ARE IN NEED OF SUCH SERVICES, YOU SHOULD CONTACT THE APPROPRIATE LICENSED AND QUALIFIED PROFESSIONAL. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE COMPANY SERVICES COMPLY WITH STATE OR FEDERAL ELECTIONS LAWS.

XI. Assumption of Risks

YOU ASSUME THE RISK OF USING COMPANY SERVICES.

Your interactions with other users of the Company Services, other Facebook members, third party tools, technologies and Software, third party websites and related offerings or other third parties (including organizations, Supporters, Candidates, advertisers, 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 Company 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 you and one or more Members of the Company Services, or between a Member and any third party, you release Company (and its officers, directors, agents, parent, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute) and you understand and agree that Company is under no obligation to become involved and is not subject to any liability.

XII. International Use

The Company Services are controlled and operated within the United States and offered to United States citizens only. Company makes no representation that the Company Services are appropriate or available in locations outside the United States. Those who choose to access the Company Services from other locations do so at their own risk and are responsible for compliance with applicable laws.

XIII. Liability Limitation

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO STORE EMAIL MESSAGES, DAMAGE TO COMPUTER SYSTEMS OR INTERNET CONNECTIONS) WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE COMPANY SERVICES (AND YOUR USE OF, OR INABILITY TO USE, THE COMPANY SERVICES); THE MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY SERVICES OR YOUR ACCESS TO THE COMPANY SERVICES; OR ANY BREACH OF THESE TERMS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. ANY CLAIMS ARISING FROM THE COMPANY SERVICES MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE. NEITHER COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY VIOLATION OF THE PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY DUE TO POSTING OF VOTING INFORMATION, WHICH IS THE SOLE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION.

XIV. Third Party Offerings

Company and Users of the Company Services (including advertisers and others) may provide links to third party websites or Facebook applications in Company Services. Third parties are not under the control of Company and Company is not responsible for their content or conduct. If you access a third party website from the Company Services, you do so at your own risk. Company provides links as a convenience and the inclusion of the link does not indicate or imply that Company endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Company Services, including delivery and any other terms (such as warranties and guarantees) are solely between you and such third parties. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Your use of the Company Services is also governed by the applicable terms of service for third party Software, offerings or interfaces, such as the Facebook Terms of Service and the Truste Terms of Service (collectively, "Third Party Terms"); to the extent any Third Party Terms conflict with these Terms of Use, the Third Party Terms shall govern.

XV. Indemnity

You agree to indemnify, defend, and hold Company and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys' fees) arising out of your (or anyone using your password): User Materials; use of the Company Services; interaction with Company, companies or organizations that advertise or solicit donations on the Company Services; violation of these Terms of Use; violations of the Code of Conduct; violations of any Third Party Terms; for compliance or failure to comply with applicable laws, including election laws; or violation of any third party's intellectual property, privacy or other rights.

XVI. Entire Agreement

These Terms of Use, the Code of Conduct, the Privacy Policy, and the Company payment terms as each may be modified or amended from time to time (collectively, "User Agreements"), constitute the entire agreement between you and Company. If any provision of these User Agreements shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from User Agreements and shall not affect the validity and enforceability of any remaining provisions, terms or policies.

Company reserves the right, at its discretion, to change Member Agreements and/or the Company Services at any time. Changes in any User Agreements will be posted on the Site or sent to you via e-mail. All such changes are effective upon posting to the Site. Your continued use of the Company Services following a posting of changes to Member Agreements will constitute your acceptance and you agree to be bound by the then-current terms. If any changes to User Agreements are unacceptable to you, you must discontinue use of the Company Services.

XVII. General

Member Agreements shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Member Agreements or the Company Services shall be litigated or otherwise heard in the appropriate court located in King County, Washington and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. Company may assign any of its rights or obligations under these Terms of Use to another party without notice or consent for any reason. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Member Agreements.

XVIII. Termination

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

XIX. Protection of Children

You must not use or register on the Company Services if you are under the age of 18. If you use the Company Services, you hereby represent and warrant that you are at least 18 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from members we believe to be under the age of 13 will be purged from our database.

XX. About Us

Votocracy is an information provider and communications medium; it is not a political organization. As such, it is nonpartisan and does not endorse, support, or oppose any specific candidate(s) (declared or undeclared), issues, campaigns or any group which has been designated, whether by itself, by operation of law or regulation, or by others as a political party. Opinions, announcements, endorsements and other information provided by individuals using Company Services represent solely the views and political activities of the individuals participating in this service and not Votocracy itself.

All Company trademarks, service marks and trade names used herein, including but not limited to the "Votocracy" name, the votocracy.com domain name, Votocracy logo, the Votocracy website logo and the mark, "More Choices, More Voices" (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Company's prior written consent. Company prohibits the use of the Marks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.

We welcome your questions, comments, and concerns regarding the Company Services.

Contact information:

Support
Votocracy LLC
205 Marion Street
Seattle, WA 98104