Terms of Service for Our Voice USA
Last updated: 2019-11-20
The HelloVoter websites and mobile apps are operated by Our Voice USA, a non-partisan organization registered under section 501(c)(3) of the United States tax code (“Our Voice,” “we,” or “us”). These Terms of Service (“Terms”) apply solely to your access to, and use of, the websites, mobile sites, and other online services which link to these Terms and are operated by Our Voice (“HelloVoter”).
We may change or modify any of the terms and conditions contained in the Terms at any time. Any changes or modifications will be effective immediately upon posting of the revisions on HelloVoter. Your continued use of HelloVoter following the posting of changes or modifications will constitute your acceptance of such changes or modifications.
I. User Agreements
By opening a HelloVoter account or otherwise using HelloVoter you agree to the following:
A. You are a minimum of 13 years old and of legal age to make use of the HelloVoter services in your state.
B. Your use of or access to HelloVoter will at all times comply with all applicable laws and regulations.
C. You are fully responsible for (i) the security of data on your devices, websites or otherwise in your possession or control, (ii) maintaining the confidentiality and security of all security and access information, used by you, or anyone you authorize on your behalf, to access HelloVoter, and (iii) preventing unauthorized access to or use of the information, files or data that you store or use in or with HelloVoter. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and use of any voter information, whether obtained from a public voter file, collected by you directly from voters, or otherwise obtained from any third party, and to immediately notify Our Voice if you become aware of any loss, theft, or unauthorized use of HelloVoter.
II. Prohibited Content and Activities
You may not access or use HelloVoter to take any direct or indirect action that could harm Our Voice or any person or entity, interfere with the operation of HelloVoter, or use HelloVoter in a manner that violates any laws. For example, and without limitation, you may not, nor permit any third party to:
A. Impersonate any person or otherwise misrepresent your credentials, affiliation, or input any information into HelloVoter you are not lawfully entitled to possess.
B. Obtain or attempt to gain unauthorized access to computer systems, materials, information or any services available on or through HelloVoter; attempt to interfere with the proper working of HelloVoter; breach the security of any system, device, or network; circumvent, reverse engineer, decompile, decode, disassemble, decrypt, attempt to obtain the source code of any component of HelloVoter (outside of what’s publicly accessible via GitHub or other open source repository providers which Our Voice has an established relationship), or otherwise alter or interfere with any of the software making up any part of HelloVoter; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of HelloVoter or attempt to probe, scan, test the vulnerability of, or breach the security of any system of network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files.
C. Engage in any unauthorized spidering, “scraping,” or harvesting of content or information from HelloVoter, or use any other unauthorized means to compile information.
D. Engage in any other conduct that restricts, or inhibits any third party from using or enjoying HelloVoter, or that, in our sole judgment, exposes us or any of our users or any other third party to any liability, damages, or detriment of any type.
E. Use HelloVoter or data provided via HelloVoter in any way in furtherance of criminal, fraudulent, or other unlawful activity, or engage in, encourage or promote any activity that violates these Terms, or otherwise use HelloVoter to spread information that is false, misleading, not in keeping with intended purposes of the service, or which promotes or incites uncivil behavior or undermines democratic discourse or engagement.
You are responsible for protecting the security of your HelloVoter account and information you input into HelloVoter. Violations of system or network security may be subject to civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to HelloVoter for any or no reason at any time without notice.
III. Service Availability and Use of HelloVoter
A. HelloVoter is intended for use only in the United States. You may not access or use HelloVoter from any other country or territory.
B. The total amount, categories and file types of information you can upload to HelloVoter may be limited. In addition, any of the tools or services we offer in HelloVoter may be limited to specific geographic regions. We may also limit the geographic range you are permitted to canvass using HelloVoter.
C. We make no representations as to the availability of HelloVoter or your network which permits you to access HelloVoter at any time. While we strive to make HelloVoter available during the hours when you are likely to use it for canvassing, we may take HelloVoter offline at any time to maintain or improve our services or for any other reason, whether intended by us or due to errors or actions by third parties.
D. You acknowledge that the information you input, upload or submit to HelloVoter may be accessible by Our Voice, our service providers and other third parties in order to provide the HelloVoter services and to derive aggregate or statistical information to measure and model the use of our services, and voter engagement and participation.
E. HelloVoter may include interactive areas or services, such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on HelloVoter (“User Content”). You are solely responsible for your use of HelloVoter and use it at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through HelloVoter any User Content that would violate these Terms, including, without limitation, any of the following:
- User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Our Voice takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Although Our Voice has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on HelloVoter at any time and for any or no reason without notice.
IV. DMCA Notice
A. If you believe that anything on HelloVoter infringes upon any copyright which you own or control, please notify us by email at [email protected]. providing the following information:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Our Voice to find and identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information provided as detailed above is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
B. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
V. Intellectual Property
A. As between you and Our Voice, all content relating to HelloVoter other than the information you input into the services is the property of Our Voice (the “Our Voice Content”). You may access, use and download and print copies of the Our Voice Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
B. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, modify, create derivative works from, transmit or in any way use or exploit any part of the Our Voice Content, or remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within HelloVoter or any copies thereof, except that you mayuse of the content for educational and non-commercial purposes only, provided you maintain all copyright and other notices posted along with the Our Voice Content.
C. All rights in product names, the Our Voice or HelloVoter name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Our Voice products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Our Voice or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on HelloVoter confers on you any license or right under any patent or trademark of Our Voice or any other party.
VI. Change or Termination
A. Our Voice reserves the right to change or terminate the Terms, conditions, policies, and rul any reason at any time and with immediate effect. Our Voice reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of HelloVoter, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. Our Voice also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you will cease all use of HelloVoter, including any of the Our Voice Content.
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, yoU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY OUR VOICE, HELLOVOTER AND ANY THIRD-PARTY SERVICES AND ANY DATA PROVIDED VIA HELLOVOTER OR THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OUR VOICE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO THE ACCURACY OR RELIABILITY OF THE OUR VOICE CONTENT. OUR VOICE DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES OR DATA PROVIDED VIA HELLOVOTER OR THIRD-PARTY SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE or FREE OF OTHER HARMFUL COMPONENTS, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
VIII. Limitations of Liability
A. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL OUR VOICE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, BE LIABLE FOR incidental, consequential, indirect, special, or punitive damages OR any other damages of any kind, including but not limited to loss of use, LOSs of PROFITS or loss of data, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF OUR VOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, or in connectth any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
B. WHERE APPLICABLE STATE LAWS DO not allow LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
A. You hereby agree to indemnify and hold Our Voice harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of HelloVoter or breach of these Terms (collectively referred to as “Claims”). Our Voice reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Our Voice in the defense of any Claims.
A. These Terms constitute the entire agreement of the parties, superseding all prior or contemporaneous communications or proposals (whether oral, written or electronic) between the parties with respect to the subject matter hereof. If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
B. Our Voice has the right to assign these Terms and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
C. Use of HelloVoter may be available through a compatible mobile device and/or may require Internet access and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider, if applicable.
XI. Choice of Law and Venue
A. These Terms and all disputes or controversies arising out of or relating to these Terms or the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of the Maine, without regard to conflict of law provisions. Any lawsuits, hearings, or other proceedings involving a dispute or claim between you and us that arises or relates to these Terms or the transactions contemplated hereby shall be venued exclusively in Maine.