Voterwatch | The Congressional Record You Always Wanted

Editorial Policy & Terms of Service (August 2008)

Introduction

VoterWatch and its affiliates (collectively referred to as “ VoterWatch “ or the “Organization") welcome you to use the VoterWatch Service on the condition that at all times you comply with and agree to the following Editorial Policy and Terms of Service ("TOS"). VoterWatch may update both from time to time without notice to you. You should regularly review the most current version of the Editorial Policy/TOS, which is always available at: www.voterwatch.org/voterwatch/terms.

Editorial Policy

VoterWatch is committed to creating and sustaining an accurate and comprehensive record that fully discloses what goes on in American government. As a non-partisan, non-profit organization, we stand firmly grounded in the notion that we must remain independent – free from bias and allegiances that would slant our image to any one party or cause. At no time will VoterWatch endorse a candidate, political party or partisan initiative. VoterWatch will, however, provide advocacy groups that come from all political planes equal access to our knowledge and services. It is our responsibility as well as our duty to continuously evaluate our work to ensure that we adhere to these standards.

VoterWatch is always looking to partner with like-minded organizations that are working to better engage their constituents in important social and political causes. When it comes to developing our client-based partnership model, we are an excellent resource for organizations that seek to educate, engage and present information in an informative and progressive manner.

Our work is conducted in accordance with honesty, integrity and accuracy. We encourage free speech and expression and we defend the rights of individuals and groups to express opinions and perspectives that may be deemed unpopular in nature. However, we do not permit hate speech (any speech or wording that attacks or subjugates/demeans a group based on the following factors: race/ethnicity/ethnic origin, religion, disability, age, veteran status, gender or sexual orientation or identity). If generated material violates these policies, it will be removed from the VoterWatch web site.

Importantly, any factual errors that are presented by staff, consultants, board members or through our interactive site at www.voterwatch.org will be promptly corrected and republished with notations. To report issues related to our editorial policy or content, please contact Billy Hallowell, Director of Content, at or by calling our New York office at (914) 231-6628.

Terms of Service

THE VOTERWATCH SERVICE:

The VoterWatch Service ("VWS") provides users with the VoterWatch player interface delivered by the VoterWatch server. The VoterWatch player features include, but are not limited to, those described on the VoterWatch website. When we refer to the “ VoterWatch site” we are referring as well to all websites hyperlinked to “www.voterwatch.org.” When we refer to posting Content on the VoterWatch site, we include the linking of Content, such as video clips, that physically resides as code on a user’s computer, when that user enables the feature in the VWS described as “link to this video.” Content so linked may be accessed by other users, who may post comments to the Content and who may also create additional hyperlinks to the Content or to any part of the Content. Posted Content also includes comments that have been made to such video clips regardless of where the comment physically resides.

The VWS may include advertisements and may include certain communications from VoterWatch that you may not opt out of receiving. From time to time we will modify the VWS and each new feature, modification, and service, including new releases of the VWS, are subject to these TOS.

SOME BASIC RULES TO OBSERVE:

1. No one under 13 years old may use this site. If you are under 13 years old, please talk to your parents about websites that are appropriate for you to use. If you think that there is material on this website that may be appropriate for you, such as video links from your family members, your parents can sign on to the site and you may watch the material with them.

2. When you sign up, you must give us complete and accurate information and you must update that information promptly if it changes. No person may have more than one account, log-in, screen name or ID and no person may use another person’s account, log-in, screen name or ID.

3. Each user is responsible for safeguarding the security of his or her on line ID, log-in, screen name and password. This includes being responsible for the consequences of any activity that takes place under or in connection with the user’s on-line identity, whether or not the user has authorized another person to use that identity or has authorized the action of another user.

4. Each user is responsible for his or her conduct and any Content that s/he submits or in any way displays on the Service. “Content” includes but is not limited to any data, text, information, screen names, sound, interactive features, scripts, graphics, photos, other images, profiles, audio and video clips, links, comments, compilations, code or other information of any kind in any form. VoterWatch does not routinely screen postings on its site or otherwise made using the VWS, although VoterWatch reserves the right to do so and to remove any posting that VoterWatch determines to violate these TOS or to be inconsistent with the purposes and objectives for which the VWS is being made available.

5. The VWS is a non-commercial non-profit service provided for professional, personal and recreational use only. However, to maintain the viability of the VWS, VoterWatch sells advertising and each user of the VWS agrees to allow that advertising to be displayed on the user’s computer and to be linked to Content posted by the user. VoterWatch does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the VoterWatch site or featured in any banner or other advertising, and VoterWatch will not be a party to or in any way be responsible for monitoring any transaction between you and providers of such advertised products or services.

6. Each user is responsible to comply with all international, national, regional and local laws regarding internet use, privacy, online conduct, acceptable content or otherwise applicable to the use of the Service. Each user is responsible to make sure that s/he does not violate any one’s rights, including copyrights, when using the VWS. Only the owner of copyrighted material may use that copyrighted material in connection with the VWS unless either the owner has given permission for the use or an applicable exception, such as the fair use exception, applies to the use of the copyrighted material. Any person using the VWS to provide access copyrighted Content owned by that person agrees that the person, and not VoterWatch, is responsible for any protection of the copyrighted Content and that by posting Content the person may lose or reduce his or her copyright protection in the Content.

7. The VWS allows users to post Content for the purposes of entertainment, discussion, sharing news and views and similar communications. Users may not use or attempt to use the VWS to transmit code, scripts or other software, whether or not with malicious intent (such as transmitting worms, Trojan horses or viruses).

8. Each user is responsible to respect the rights of the other users of the VWS, including, not sending any unsolicited e-mail ("SPAM") to other users or defaming, libeling, or harassing other users.

9. Because the VWS is a site open to a wide range of users, some users may find some postings objectionable for moral, political, personal, or other reasons. By using the VWS and accessing the VoterWatch site, each user agrees that the user takes the risk of being exposed to such objectionable or offensive material. While in some cases VoterWatch may request that the material be modified to be less objectionable, or VoterWatch may decide to remove the objectionable material, VoterWatch is under absolutely no obligation to do so and the only recourse that a user has for the presence of such objectionable or offensive material is to terminate his or her participation with the VWS.

10. Using VWS entails using software and hardware owned or controlled by VoterWatch. As long as you comply with the TOS, you have permission to use the software and hardware as provided by VoterWatch solely for the purposes of using the VWS and under no circumstances may you modify, copy, distribute, or otherwise transfer or disseminate any of the software, or use the access to the hardware or the software for any purpose other than using the VWS in the manner intended by VoterWatch.

TERMINATION RIGHTS:

You may terminate your participation on the VWS at any time. VoterWatch may terminate a user’s account and access to the VWS at any time if VoterWatch determines that the user has violated any of the TOS or if VoterWatch otherwise determines that continuing the user’s account and access to the VWS is inconsistent with the purposes for which the VWS is generally being made available.

ADDITIONAL TERMS REGARDING SUBMISSION OF CONTENT:

A core feature of the VWS is the ability of users to post Content on the VoterWatch site that is accessible, through VoterWatch’s hardware and software, to other users worldwide. To perform this function, each user, by posting any Content, grants VoterWatch a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the VoterWatch site and VoterWatch ‘s business, including without limitation for promoting and redistributing part or all of the VoterWatch site (and derivative works thereof) in any media formats and through any media channels. Each user also grants each other user of the VoterWatch site a non-exclusive license to access the posting user’s Content through the VoterWatch site, and to use, reproduce, distribute, prepare derivative works of, display and perform the posting user’s Content as can be achieved by through the technical and functional capacities of the VWS and under the TOS. This license terminates with respect to any Content that the posting user removes from the VoterWatch site.

Each user agrees not to post any Content: (1) the posting of which violates any law or gives rise to civil liability, such as Content that is obscene, pornographic, defamatory, libelous, racially or ethnically offensive, copyrighted or otherwise subject to another person’s rights, including publicity rights; (2) that is false or misrepresents facts in a manner that could injury (including economic injury) to any person; or (3) that is an advertisement or solicitation of business.

LIABILITY LIMITS, AS-IS SERVICE AND INDEMNITY OF VOTERWATCH:

YOUR ACCESS TO AND USE OF THE VWS IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE ORGANIZATION SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS OR FAILURES OF ATTEMPTS BY YOU TO USE THE VWS OR THE USE OF THE VWS BY YOU OR BY ANYONE ELSE. ANY SOFTWARE PROVIDED TO YOU ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT YOUR USE OF VOTERWATCH, ANY SOFTWARE, SERVICE OR OPPORTUNITY PROVIDED BY THE COMPANY OR ANY MATERIAL HOSTED ON THE VOTERWATCH SITE, OR ANY OTHER ACTIVITY UNDERTAKEN IN CONNECTION WITH OR ARISING OUT OF THE ACTIVITIES OF THE VOTERWATCH OR THE VOTERWATCH SITE, ITS LICENSORS, LICENSEES, CONTRACTORS, AGENTS OR AFFILIATES, WHETHER FOR BREACH OF CONTRACT, IN TORT, OR OTHERWISE, WILL BE LIMITED TO THE GREATER OF: (I) TWO TIMES THE AMOUNT, IF ANY, YOU PAID TO VOTERWATCH TO ACCESS ITS WEBSITE (REGARDLESS OF THE AMOUNTS THAT YOU MAY HAVE SPENT, LOST OR INCURRED ARISING FROM CONNECTING TO OR UTILIZING THE SITE, OR (II) ONE THOUSAND UNITED STATES DOLLARS (US$1,000). THE ORGANIZATION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR OR ANY OTHER PERSON’S OR ENTITY’S USE OF THE VWS OR VOTERWATCH SITE, ANY SOFTWARE PROVIDED BY THE COMPANY OR ANY CONTENT HOSTED ON THE SITE, OR ANY OTHER ACTIVITY UNDERTAKEN IN CONNECTION WITH OR ARISING OUT OF THE ACTIVITIES OF THE VWS OR THE VOTERWATCH SITE, OR IT LICENSORS, LICENSEES, CONTRACTORS, AGENTS OR AFFILIATES, HOWEVER THE LIABILITIES, LOSSES, OR DAMAGES ARISE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF THE ORGANIZATION RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE, LOSS OR LIABILITY. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, CONTENT, SOFTWARE OR DATA.

YOU AGREE TO HOLD THE ORGANIZATION, ITS EMPLOYEES, OFFICERS, DIRECTORS, BOARD MEMBERS, LICENSEES, LICENSORS, AFFILIATES, AGENTS AND CONTRACTORS HARMLESS AND FURTHER AGREE TO FULLY INDEMNIFY THEM FROM ANY AND ALL COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES), LIABILITIES AND DAMAGES, WHATSOEVER THAT MAY ARISE AS A RESULT OF YOUR ENTRY ONTO OUR SITE, USE OF THE SITE OR ANY OF ITS SOFTWARE, POSTING OR TRANSMISSION OF ANY CONTENT, ANY MISINFORMATION THAT YOU PROVIDE TO US OR ANY OTHER PERSON OR ENTITY, ANY ACTION THAT YOU TAKE IN VIOLATION OF ANY OF THE RULES, TERMS OR CONDITIONS OF OUR SITE, PARTICIPATION IN ANY ACTIVITIES ON OR MADE AVAILABLE TO YOU THROUGH OUR SITE, OR THE USE OF OUR SOFTWARE OR HARDWARE.

LOCATION OF THE VWS and DISPUTE RESOLUTION:

VoterWatch and its facilities are located in the State of California in the United States and the VWS is provided for use in the United States and any other jurisdiction in which its use complies with all applicable laws. The VWS is not intended to be used, and no person should attempt to use the VWS in any jurisdiction in which its use violates applicable law. Any user in a dispute with VoterWatch, agrees that by using the VWS and otherwise accessing the VoterWatch site, the jurisdiction and venue for resolving the dispute shall be in the courts of the State of California, sitting in the City and County of San Francisco, or the United States District Court for the Northern District of California.

COPYRIGHT INFRINGEMENT PROTECTION:

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VoterWatch’s Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the information in the Notice that you are providing to VoterWatch is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

VoterWatch’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:

By Phone: (914) 231-6628

By E-mail:

The Editorial/Terms of Service were last modified August 2008.