AGREEMENT BETWEEN USER AND POLITIVIEW
The Effective Date of these Terms of Use is October 1, 2011.
The “PolitiView Web Site” is comprised of various web pages operated by PolitiView.
The PolitiView Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PolitiView Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
PolitiView reserves the right to change the terms, conditions, and notices under which the PolitiView Web Site is offered, including but not limited to the charges associated with the use of the PolitiView Web Site.
USER REGISTRATION
You are required to register in order to access certain features of the PolitiView Web Site. You will choose a user name and a password through PolitiView Web Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. PolitiView cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering on the PolitiView Web Site, You assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, and/or telephone number when registering on the Site. By registering with the PolitiView Web Site, you consent to receive periodic communication from PolitiView by e-mail regarding the status of your account or other information associated with your account. For more information in how PolitiView may use the information you provide during registration, please see PolitiView’s Privacy Statement.
INTELLECTUAL PROPERTY RIGHTS
The PolitiView Web Site and all materials available on it are the property of PolitiView, its subscribers, or its licensors and are protected by copyright, trademark and other intellectual property laws. PolitiView provides the PolitiView Web Site solely for personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of PolitiView’s, our subscribers, or our licensors’s intellectual property rights. You may download and/or print one copy of individual pages of the PolitiView Web Site or documents available for download for your personal, non-commercial use.
LINKS TO THIRD PARTY SITES
The PolitiView Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of PolitiView and PolitiView is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PolitiView is not responsible for webcasting or any other form of transmission received from any Linked Site. PolitiView is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PolitiView of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PolitiView Web Site, you warrant to PolitiView that you will not use the PolitiView Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PolitiView Web Site in any manner which could damage, disable, overburden, or impair the PolitiView Web Site or interfere with any other party’s use and enjoyment of the PolitiView Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PolitiView Web Sites.
USE OF COMMUNICATION SERVICES
PolitiView is a non-partisan, neutral party providing a forum of civil discourse regarding a number of political topics. PolitiView maintains a neutral stance on political matters and is not going to interfere with any person’s particular political views. The views contained on the PolitiView Web Site are those of the subscribers and users of the site and do not reflect the official view of PolitiView.
The PolitiView Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
PolitiView reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PolitiView’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PolitiView does not control or endorse the content, messages or information found in any Communication Service and, therefore, PolitiView specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PolitiView spokespersons, and their views do not necessarily reflect those of PolitiView.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MONITORING OF CONTENT
PolitiView has no obligation to monitor the Communication Services. However, PolitiView reserves the right to review materials and content posted to a Communication Service and to remove any materials in its sole discretion.
The PolitiView Web Site is provided for civil political discourse regarding candidates and issues. Any submissions or content that is grossly offensive, profane, or illegal may be removed by PolitiView in its sole discretion. Further, users who repeatedly have material taken down may have their access to the PolitiView Web Site revoked in PolitiView’s sole discretion. The following are examples of types of content that is either illegal or prohibited and may be removed from any PolitiView Web Site upon determination by PolitiView representatives that this content violates the provisions of these Terms of Use:
patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits any person in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter;
solicits or is designed to solicit personal information from anyone under 18;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without prior written consent from PolitiView such as contests, sweepstakes, barter, advertising, or pyramid schemes;
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; and
material related to criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
MATERIALS PROVIDED TO POLITIVIEW OR POSTED AT ANY POLITIVIEW WEB SITE
PolitiView does not claim ownership of the materials you provide to PolitiView (including feedback and suggestions) or post, upload, input or submit to any PolitiView Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PolitiView, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PolitiView is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PolitiView’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE POLITIVIEW WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POLITIVIEW AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE POLITIVIEW WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE POLITIVIEW WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, POLITICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
POLITIVIEW AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE POLITIVIEW WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. POLITIVIEW AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLITIVIEW AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE POLITIVIEW WEB SITE, WITH THE DELAY OR INABILITY TO USE THE POLITIVIEW WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE POLITIVIEW WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE POLITIVIEW WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POLITIVIEW OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE POLITIVIEW WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE POLITIVIEW WEB SITE.
SERVICE CONTACT : webmaster@politiview.com
USER INDEMNIFICATION
You agree to indemnify PolitiView and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the PolitiView Web Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this agreement.
TERMINATION/ACCESS RESTRICTION
PolitiView reserves the right, in its sole discretion, to terminate your access to the PolitiView Web Site and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sangamon County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the PolitiView Web Site.
Use of the PolitiView Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PolitiView as a result of this agreement or use of the PolitiView Web Site.
PolitiView’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PolitiView’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PolitiView Web Site or information provided to or gathered by PolitiView with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PolitiView with respect to the PolitiView Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PolitiView with respect to the PolitiView Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the PolitiView Web Site are: Copyright 2011 Politiview and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
COPYRIGHT COMPLAINTS
PolitiView respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PolitView’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PolitiView’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows: copyright@politiview.com