Warning: "continue" targeting switch is equivalent to "break". Did you mean to use "continue 2"? in /homepages/0/d212343415/htdocs/matchvote/about/wp-content/themes/jupiter/framework/includes/minify/src/Minifier.php on line 227
Terms of Service – matchVote

Terms of Service

We build and host a political news and information application called matchVote and would love for you to use it. matchVote’s basic service is free, and we offer paid upgrades for premium features such as forum access and commenting. Our service is designed to give you as much control and ownership over what goes on under your account as possible and we encourage you to participate freely. However, please be responsible for how you use our service. In particular, make sure that none of the prohibited items (like hate speech or serious threats of violence) appear under your account.

If you find a matchVote account or content that you believe violates these Terms of Service, please email us.

Terms of Service:

The following terms and conditions govern all use of the matchVote.com website and all content, services, and products available at or through the website, including, but not limited to, Directory (“Directory”), News (“News”), and matchVote Premium (“matchVote Premium”), (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, matchVote’s Privacy Policy) and procedures that may be published from time to time by matchVote (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with matchVote, Inc. (US).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by matchVote, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a matchVote account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. matchVote.com.

  • Your matchVote.com Account and Website. If you create an account on matchVote.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify matchVote of any unauthorized uses of your account, or any other breaches of security. matchVote will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate an account, comment on an article, or post material to matchVote.com, post links on matchVote.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using matchVote.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to matchVote for inclusion on your website, you grant matchVote a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. This license allows matchVote to make publicly-posted content available to third parties selected by matchVote  so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other matchVote.com users permission to share your Content on other matchVote.com websites and add their own Content to it (aka to edit your Content), so long as they use only a portion of your Content. If you delete Content, matchVote will use reasonable efforts to remove it from matchVote.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, matchVote has the right (though not the obligation) to, in matchVote’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in matchVote’s reasonable opinion, violates any matchVote policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of matchVote.com to any individual or entity for any reason. matchVote will have no obligation to provide a refund of any amounts previously paid.
  • Web Traffic. We may use a third party to measure matchVote.com’s audience and usage. By creating an account on matchVote.com, you agree to assign the traffic relating to your website to matchVote and authorize us to sign a Traffic Assignment Letter on your behalf for audience measurement reports. Your account’s traffic will be included under matchVote. You understand that your website will not receive credit for traffic in these reports, and you must not assign your account’s traffic to any other party. If we require additional documentation to verify ownership of your account, you agree to make reasonable efforts to accommodate such requests.
  • Advertisements. matchVote reserves the right to display advertisements to your account unless you have purchased a premium account.
  • Payment and Renewal.
    • General Terms. Optional paid services such as Forum Access are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay matchVote the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
    • Automatic Renewal. Unless you notify matchVote before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Payments section of your profile settings.

2. matchVote Census.

  • Fees; Payment. By signing up for matchVote Census you agree to pay matchVote the specified monthly fees in exchange for access to this infomation. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. matchVote reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. matchVote Census access can be canceled by you at anytime on 30 days written notice to matchVote.
  • Permitted Use. You may use the matchVote Census dashboards to search, analyze, and view information available from matchVote.com. You may also use the matchVote.com name or logos and other brand elements that matchVote makes available in order to identify the source of the information, provided the use doesn’t suggest any endorsement by matchVote.
  • Restricted Use. You may not use the matchVote Census to substantially replicate products or services offered by matchVote, including the republication of matchVote.com content or the creation of a separate publishing platform. You may not display, distribute, or otherwise make available content or data to governmental entities for intelligence gathering or surveillance purposes. If matchVote believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the matchVote.com Census may be temporarily or permanently revoked, with or without notice.

3. Responsibility of Visitors.

matchVote has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, matchVote does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. matchVote disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which matchVote.com links, and that link to matchVote.com. matchVote does not have any control over those non-matchVote.com websites, and is not responsible for their contents or their use. By linking to a non-matchVote.com website, matchVote does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. matchVote disclaims any responsibility for any harm resulting from your use of non-matchVote.com websites and webpages.

5. Copyright Infringement and DMCA Policy.

As matchVote asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by matchVote.com violates your copyright, you are encouraged to notify us. matchVote will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. matchVote will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of matchVote or others. In the case of such termination, matchVote will have no obligation to provide a refund of any amounts previously paid to matchVote.

6. Intellectual Property.

This Agreement does not transfer from matchVote to you any matchVote or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with matchVote. matchVote, matchVote Census, matchVote.com, the matchVote.com logo, and all other trademarks, service marks, graphics and logos used in connection with matchVote.com or our Services, are trademarks or registered trademarks of matchVote or matchVote’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any matchVote or third-party trademarks.

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our sites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination.

matchVote may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your matchVote.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties.

Our Services are provided “as is.” matchVote and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither matchVote nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Buncombe County, North Carolina.

11. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Asheville, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

12. Limitation of Liability.

In no event will matchVote, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to matchVote under this agreement during the twelve (12) month period prior to the cause of action. matchVote shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the matchVote Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

14. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and matchVote reserve the right to terminate accounts or access of those in the event of a breach of this condition.

15. Indemnification.

You agree to indemnify and hold harmless matchVote, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

16. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

17. Miscellaneous.

This Agreement constitutes the entire agreement between matchVote and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of matchVote, or by the posting by matchVote of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; matchVote may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log:
May 13th, 2017 – Originally Published (h/t Automattic)