These Terms of Use govern your use of the State Voices website (currently located at www.statevoices.org) (the “Site”), which is owned and operated by State Voices (“we” or “us”). We may modify these Terms of Use from time to time, so we encourage you to check this page each time you revisit the Site. The date of the latest revision will be listed below so you will know if the terms have changed since you last accessed the Site. Your use of the Site indicates your acceptance to be bound by the provisions of the Terms of Use in effect as of the date of your use. If you do not accept these terms, do not use the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site is protected by U.S. copyright laws and no portion of the Site may be reproduced or distributed without the permission of the applicable copyright owner. We maintain ownership rights in our trade name and other trademarks and service marks. Marks of third parties belong to their rightful owners.
RESTRICTIONS ON YOUR USE OF THE SITE
You may not use the Site (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, (c) in a manner that will violate the privacy, publicity or other personal rights of others or reveal confidential information without permission, or (d) in a manner that is profane, defamatory, violent, obscene, threatening, abusive, hateful, inflammatory or otherwise objectionable under common standards of decency.
You also are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or (c) solicitation or advertisement. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
USE OF MATERIALS POSTED BY USERS
Users who log onto the Site may be able to post materials on the Site. By posting any materials, you agree that we may use these materials for any purpose in any form without any additional permission from you and without any consideration apart from your participation on the Site. By providing materials to the Site, you are: (a) giving us a worldwide, non-exclusive right to use your name and/or user name, as well as any additional information you may have provided, in any material prepared by or for us in any form or media, now known or hereafter devised, in all languages throughout the world; (b) giving us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the materials on the Site and in connection with other activities in any form or media, now known or hereafter devised, in all languages throughout the world; (c) agreeing and representing that you have not submitted material that (i) violates copyright, trademark, trade secret, or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; (iii) reveals confidential information; (iv) is profane, defamatory, violent, obscene, threatening, abusive, hateful, inflammatory or otherwise objectionable under standards of common decency or (v) comments on political candidates; (d) representing and warranting that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all materials in the manner contemplated by these Terms of Use. We reserve the right not to post any user materials and to remove materials without prior notice, in our sole discretion.
RESERVATION OF RIGHTS
We reserve the right in our sole discretion to change, suspend or discontinue any or all aspects of the Site at any time without prior notice or liability. We also reserve the right in our sole discretion to suspend or terminate any user’s rights to use the Site.
VOICES FOR POWER
Voices for Power is a subscription-based text messaging program administered by State Voices. Users who opt-in can expect to receive different types of informational messages. This includes civic engagement messages, such as notifications to inform on opportunities to vote, to register to vote and/or to engage in their local democracy in their respective communities. We may also send network related notification, such as accomplishment highlights or new reports.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at switchboard@statevoices.org.
- Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- If you have any questions regarding privacy, please read our privacy policy: https://www.statevoices.org/yourprivacy.
DISCLAIMER OF WARRANTY
We do not warrant that the Site will operate error-free or that the servers are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, we are not responsible for those costs. In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not we are advised of the possibility of such damages. to the fullest extent permitted by law, WE disclaim all warranties, whether express or implied, in connection with THE SITE and your use thereof. We make no warranties or representations about the accuracy or completeness of the content on the Site or the content on any third party sites linked to from the Site. Furthermore, we assume no liability or responsibility for any direct or indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes or inaccuracies of content, (2) personal injury or property damage of any nature whatsoever resulting from your access to or use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site. We shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
INDEMNITY
You agree to defend, indemnify and hold harmless State Voices, its parents, subsidiaries and affiliated organizations, and the officers, directors, employees, members, shareholders, partners, licensees and agents of each of these, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from your use of the Site in violation of any term of these Terms of Use.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material on the Site violates your intellectual property rights, please provide us with written notice that includes the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner; and
- Your electronic or physical signature.
- Please address your letter as follows:
State Voices
1616 P St. NW, Suite 220
Washington, DC 20036
GENERAL
By using the Site, you agree that you are of sufficient legal age in your jurisdiction to create binding legal obligations. These Terms of Use shall be governed by the laws of Michigan, without regard to its conflict of law rules. Any and all disputes arising out of or related to the Site shall be submitted to arbitration in Michigan, pursuant to the rules of the American Arbitration Association. If we are required to go to court, rather than arbitration, to enforce any of our rights, you agree to reimburse us for our legal costs and expenses if we are the prevailing party. Our failure to insist upon or to enforce strict performance of any provision of the policies on the Site shall not be construed as a waiver of any right. If any provision of any of the policies on the Site are determined by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be replaced with a provision that complies with applicable law and best reflects the intentions of the parties.
If you have any questions about these Terms of Use or the Site, please contact us at:
State Voices
1616 P St. NW, Suite 220
Washington, DC 20036
Email: info@statevoices.org
Phone: (202) 888-0600
Fax: (202) 618-1908
Date: January 15, 2020