Date of Last Revision: May 31, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply solely to your access to, and use of, the website of Vote IQ, Inc. ("Vote iQ"), located at www.voteiq.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Vote iQ, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Vote iQ for violations of these Terms.
Vote iQ reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Notice will be provided by posting the changes on the Site, and any changes or modification will be effective immediately upon such posting. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Help section or the Frequently Asked Questions. Questions or comments about the Site or its contents should be directed to the online feedback form. Questions about the Site Terms and Conditions should be directed to sitequestions@voteiq.com.
Please refer to our Privacy Policy for information on how Vote iQ collects, uses, and discloses personally identifiable information from its users.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Vote iQ logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Vote iQ or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any information, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Vote iQ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Vote iQ has adopted a policy of terminating inappropriate circumstances and, at Vote iQ's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Vote iQ may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Jeff Gardner
Full Address of Designated Agent to Which Notification Should be Sent:
3312 Rosedale Street NW
Telephone Number of Designated Agent: 253.857.8683 x26
Facsimile Number of Designated Agent: 253.857.8733
E-Mail Address of Designated Agent: dmca@voteiq.com
Online via the Report Abuse Form
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that 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.
Vote iQ, the Vote iQ logos, Join The Conversation, Step Up To The Microphone, iQ it, and any other product or service name or slogan contained in the Site are trademarks of Vote iQ and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vote iQ or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Vote iQ" or any other name, trademark, or product or service name of Vote iQ without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Vote iQ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Vote iQ or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Vote iQ logo or other proprietary graphic of Vote iQ to link to this Site without the express written permission of Vote iQ. Further, you may not use, frame or utilize framing techniques to enclose any Vote iQ trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Vote iQ's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Vote iQ or any third party.
Vote iQ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Vote iQ and Vote iQ is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. Vote iQ provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Vote iQ of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Vote iQ may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Vote iQ does not control, endorse, or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Vote iQ is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to monitor, verify, update, or review any Third Party Content. Users use such Third Party Content at their own risk.
Vote iQ may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings, interactions, or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings, interactions, or promotions, are solely between you and such third party. Vote iQ is not responsible or liable in any manner for the actions or performance of any such third parties or for any loss or damage of any sort you may incur as the result of any dealings, interactions, or correspondence with such third parties and makes no representations or warranties regarding any third party products, services, or promotions.
You acknowledge and agree that any questions, comments, suggestions, opinions, ideas, content, information, or other materials regarding the Site, Vote iQ or Vote iQ's products or services (the "Submissions") that you submit to Vote iQ in any manner are non-confidential and shall become the sole property of Vote iQ. Vote iQ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial, or otherwise, without acknowledgment or compensation to you. See Section 10 below for information regarding ownership of content you submit to Vote iQ that does not relate to Vote iQ or any of its products and services.
The Site includes interactive areas or services ("Interactive Areas") in which you or other users create, post, or store messages, comments, materials, data, reviews, ratings, information, text, music, sound, photographs, video, graphics, applications, code, or other items or content on the Site ("User Content"). You are solely responsible for the User Content you post and your use of such Interactive Areas, and you use the Interactive Areas at your own risk.
By using the Site, you agree to comply with the Vote iQ Community Guidelines, and without limiting the foregoing, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
In addition, you agree not to:
Vote iQ 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, nor is Vote iQ liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk.
Enforcement of the user content or conduct rules set forth in these Site Terms is solely at [Vote iQ's] discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any conduct or content that is prohibited by such rules. As a provider of interactive services, Vote iQ is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Area. Although Vote iQ has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Area, Vote iQ reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant Vote iQ and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You grant Vote iQ and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Vote iQ, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Vote iQ.
You agree to defend, indemnify, and hold harmless Vote iQ, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand, or claim made against Vote iQ and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VOTE IQ, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VOTE IQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. VOTE IQ DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WHILE VOTE IQ ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, VOTE IQ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Vote iQ reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Vote iQ.
While Vote iQ endeavors to provide useful information regarding politicians, political groups, and political issues, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, and that the information may be incomplete, outdated, or contain errors, omissions, or misinterpretations of information. You further acknowledge that certain ratings, scores, and matching technology used on the Site may be based on user activity or user or third party data, input or ratings, which may be incomplete, biased or inaccurate, and may rely on automated interpretations of the information gathered by or submitted to Vote iQ. Neither ratings nor any of the other information or matching technology contained on the Site or provided through the Services, are an endorsement of any particular politician, political organization, or political issue. The information provided on this Site is intended to be a starting point to gather information about politicians, political organizations, or political issues, but you should not rely solely on such information, and you should independently verify the accuracy of any information you obtain on the Site before relying on it.
IN NO EVENT SHALL VOTE IQ, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL 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, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VOTE IQ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VOTE IQ'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VOTE IQ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VOTE IQ FOR ACCESS TO OR USE OF THE SITE.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Vote iQ reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Questions & Contact Information
Questions or comments about the Site may be directed to Vote iQ through our online feedback form. Questions on the Site Terms and Conditions may be directed to sitequestions@voteiq.com.