Terms Of Use

Date of Last Revision: September 7, 2009

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with MyCarVote.com. By using or accessing MyCarVote.com, you agree to this Statement.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use MyCarVote.com to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on MyCarVote.com.

In addition:

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission; you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MyCarVote.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may continue to be stored in backup copies for a reasonable period of time (but will not be available to others).

We may use the personal contact information provided to send marketing & promotion material. If you would like to be removed from the list, it is your duty to contact MyCarVote.com.

We always appreciate your feedback or other suggestions about MyCarVote.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep MyCarVote.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications (such as spam) on MyCarVote.com.

You will not collect users' content or information, or otherwise access MyCarVote.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MyCarVote.com.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.

You will not offer any contest, giveaway, or sweepstakes ("promotion") on MyCarVote.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidlines and all applicable laws.

You will not use MyCarVote.com to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of MyCarVote.com, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

MyCarVote.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on MyCarVote.com, or create an account for anyone other than yourself without permission.

You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

You will not use MyCarVote.com if you are under 13.

You will keep your contact information accurate and up-to-date.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account to anyone without first getting our written permission.

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on MyCarVote.com that infringes or violates someone else's rights or otherwise violates the law.

We can remove any content or information you post on MyCarVote.com if we believe that it violates this Statement.

We will provide you with tools to help you protect your intellectual property rights. To learn more, please use our Contact page.

If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, please us our Contact page.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

You will not use our name, (including MyCarVote.com, MCV, MyCarVote.com.com, logo, or any confusingly similar marks, without our written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not MyCarVote.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone's identification documents or sensitive financial information on MyCarVote.com.

Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

We give you permission to use MyCarVote.com’s Share Link button so that users can post links or content from your website on MyCarVote.com.

You give us permission to use such links and content on MyCarVote.com.

You will not place a Share Link button on any page containing content that would violate this Statement if posted on MyCarVote.com.

About Advertisements on MyCarVote.com.com

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

We do not give your content or information to advertisers without your consent.

You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on MyCarVote.com or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal:

When you place an ad order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your ad, we will distribute your ads as inventory becomes available.

You will pay for your ads in accordance with our Payment Terms. The amount you owe will be calculated based on our tracking mechanisms.

Your ads will comply with our Advertising Guidlines

We will determine the size, placement, and positioning of your ads.

We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.

We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.

You can cancel your ad at any time through, but it may take us seven days before the ad stops running.

Our license to run your ad will end when we have completed your ad order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.

We can use your ads and related content and information for marketing or promotional purposes.

You will not issue any press release or make public statements about your relationship with MyCarVote.com without written permission.

We may reject or remove any ad for any reason.

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

You guarantee that you have the legal authority to bind the advertiser to this Statement.

You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

Amendments

We can change this Statement if we provide you notice (by posting the change on MyCarVote.com.com or via email) and an opportunity to comment To get notice of any future changes to this Statement, keep your email current and check MyCarVote.com.com regularly.

For changes to sections relating to payments, website operators, and advertisers, we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on MyCarVote.com.com homepage or via email.

We can make changes for legal or administrative reasons upon notice without opportunity to comment.

Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of MyCarVote.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or MyCarVote.com exclusively in a state or federal court located in Plymouth County, Massachusetts. The laws of the Commonwealth of Massachusetts will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Plymouth County, Massachusetts for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on MyCarVote.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP MyCarVote.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MyCarVote.com "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MyCarVote.com WILL BE SAFE OR SECURE. MyCarVote.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MyCarVote.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MyCarVote.com WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MyCarVote.com ‘s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on MyCarVote.com (such as advertising or payments).

Definitions

By " MyCarVote.com " we mean the features and services we make available, including through (a) our website at www.MyCarVote.com.com and any other MyCarVote.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By "us," "we" and "our" we mean MyCarVote.com.

By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from MyCarVote.com or provide data to us.

By "information" we mean facts and other information about you, including actions you take.

By "content" we mean anything you post on MyCarVote.com that would not be included in the definition of "information."

By "data" we mean content and information that third parties can retrieve from MyCarVote.com or provide to MyCarVote.com through Platform.

By "post" we mean post on MyCarVote.com or otherwise make available to us (such as by using an application).

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "active registered user" we mean a user who has logged into MyCarVote.com at least once in the previous 30 days.

By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.

Other

This Statement makes up the entire agreement between the parties regarding MyCarVote.com, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.