(As of September 14, 2016)
Thank you for visiting PolitiTalk.com (the “Site”). The terms and conditions listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties”).
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
In creating an account and/or claiming your business’ listing, you represent that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent that you are the owner or authorized agent of the business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause PolitiTalk.com or third parties to incur substantial economic damages and losses for which you may be held accountable.
Ownership of Content
A. Your Content
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which are images, you agree that at least one of the following is met:
You have taken the photograph or created the artwork being submitted;
You own the rights to the image; or
You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of Your Content submitted to us will not:
Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
Contain material that violates the standards of good taste or the standards of the Properties;
Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
Contain material that is illegal, or that violates any federal, state, or local law or regulation;
Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
Disguise or attempt to disguise the origin of Your Content;
Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
Assert or imply that Your Content is in any way sponsored or endorsed by us; or
Contain material that is not in English;
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
B. Our Content
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). Some of Our Content is provided by third party contributors who receive consideration from us. While PolitiTalk.com provides advertising services for businesses, the substance of Our Content is not impacted by whether any business is a paying advertiser. As between PolitiTalk.com and you, PolitiTalk.com owns all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
C. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature; and
Send the written communication to:
Attention: Legal Department — Copyright Notice
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors, including without limitation Infogroup Inc., who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
Use the Properties for illegal or unauthorized uses;
Impersonate any person or entity;
‘Stalk’ or harass other users or persons;
Harm minors in any way;
Falsely state or misrepresent your affiliation with another person or entity;
Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
Access or use the account of another user without permission;
Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;
Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
Interfere with , disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;
each as determined in our sole discretion.
Without limiting any other provisions of these Terms, this section is specific to the use of PolitiTalk.com’s downloadable software application(s) (the “Application”).
A. Use of Content Through the Application
You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a “Mobile Device”). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content.
We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the “Updates”). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time.
We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
B. Third Party Beneficiaries
Apple Inc., Google Inc. and Research In Motion Limited are third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.
Privacy and Security
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
B. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
B. Data Fees
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
C. Changes to the Terms
PolitiTalk.com may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
E. Governing Law/Dispute Resolution/Class Action Waiver
These Terms are governed exclusively by the laws of the State of California and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in Los Angeles County in the State of California. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL. ANY CLAIM PERTAINING YOUR USE OF THE SITE, PARTICIPATION IN ANY PROGRAM AND OTHERWISE RELATING TO THESE TERMS, THE PROVACY POLICY OR THE PolitiTalk.com LOCAL REWARDS PROGRAM TERMS & CONDITIONS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PERSON OR ENTITY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST US. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals or entities’ disputes be consolidated or otherwise determined in one (1) proceeding.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
(As of September 14, 2016)
When you use PolitiTalk.com or any of our related applications (whether existing now or in the future, collectively, the “Properties”), we collect information about you and use it to facilitate and improve our services. Information about you may also be shared with advertisers and third party service providers. For instance, advertisers engaged in “targeted” or “behavioral” advertising present ads that might be of interest to you based on information about your online activities.
Information we collect
A. Information collected automatically:
When you visit or use our Properties, we automatically collect and store information about your computer or mobile device and your activities. This information may include, but is not limited to:
Your computer’s IP address;
Technical information about your computer or mobile device (such as type of device, web browser or operating system);
Your preferences and settings (time zone, language, etc.);
Your mobile device’s unique ID number;
Your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically);
The number used by you to contact PolitiTalk.com advertisers by telephone;
The URL of the last web page you visited before coming to our Properties;
The search terms you have looked up on our Properties and results you clicked;
Communications between you and other users or merchants through our Properties;
The ads you clicked on;
How long you visited our Properties and which services and features you used or clicked on; and
For App users, the online or offline status of your App.
B. Information you choose to provide:
You may choose to create an account and provide us with information in order to use certain services or to take advantage of special offers. This information may include your name, email address, phone number, credit card information (including billing address), and demographic information (age, gender, etc.). You may provide this information directly to us or, for certain services, you may choose to register using your Facebook account in which case you would authorize us to access certain Facebook profile information including, but not limited to, your first name, last name, gender, birth date and email address. You may also choose to post content (such as ratings, reviews or comments) that may be shared with others, through our Properties or through your Facebook account. You may choose not to provide us with any personally identifiable information, such as by not registering for an account on our Properties and not connecting to our Properties with your Facebook account. However, if you don’t provide certain information, you will not be able to use some of the services we offer.
How we use your information
We use your information to provide and improve our services, and to better understand our users so that we may provide you with a more effective user experience, customize services for you (such as by remembering your preferences), to diagnose and fix problems, present tailored offers to you, process and complete your transactions, track redemption of any vouchers you may have purchased from us, make special offers, and sell and display ads that may be relevant to you. We may use your email address to allow you to log in to your account, send you notifications regarding your account or products and services in which you are enrolled, send you confirmations (of your registration, purchase, etc.), send you messages as part of our services and to send you newsletters. We may also use your email address to respond to your customer service inquiries. Your mobile phone numbers and credit card information are used only for providing you the services you requested; however in the event you contact our advertisers by telephone, the number used by you also may be used by us or our service providers to collect publicly available information associated with that number.
We may also share your information with other companies for various reasons. What information we make available to other companies depends on the nature of our relationships with them. We generally require these other companies to keep our users’ information confidential.
Service Providers: We may share all of the types of information we collect with vendors who provide services (such as voice transcription, email and SMS messaging, and payment processing and collection), conduct surveys, and run sweepstakes on our behalf. In addition, in connection with any purchase of our products or services, we may share information we collect from or about you with credit bureaus and similar organizations as permitted by law.
Advertisers: Advertisers and advertising networks use tracking technologies to collect information about users’ computers or mobile devices and their online activities (for example, web pages visited and searches made) as well as general geographic location and use that information to display targeted ads to users. We sometimes allow these ad companies to collect such information when you use our Properties to enable them to display targeted ads to you. These companies as well as data analytics companies who service them may collect information, such as your computer’s IP address, browser information, mobile device ID, and search queries, as you use our services. They also may use web technologies such as cookies and pixel tags to collect data about you when you visit our Properties.
Analytics Companies: We may allow analytics providers to use tracking technologies to collect information about our users’ computers or mobile devices and their online activities. These providers analyze this information to help us understand how our Properties are being used.
Aggregated Information: We may publicly disclose anonymous, aggregated information about our users, such as the total number of our users and their demographics.
Legal Matters: We may use or disclose user information: in response to a legal request, such as a subpoena, court order, or government demand; to comply with the law; in connection with a threat of litigation; to investigate or report illegal activity; to protect the legal rights of PolitiTalk.com, our customers, our Properties or users of our Properties; or to enforce our rights or defend claims. We may also transfer your information to another company in connection with a corporate restructuring, such as a sale or merger.
Job applicants: If your information is submitted to us through our Properties when applying for a position with our company, the information will be used to consider your application. We may retain your information for a period of time. This information may be shared with our sister IAC companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
Cookies: When you visit our Properties, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Properties. Advertisers on our Properties also may also place cookies on your computer to track your activities across various sites so that they can display targeted ads. Some advertisers and game developers use “flash cookies” for ads and games that use Flash media technology.
Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Properties may not function properly. Also, while you may have set your browser to Do Not Track ("DNT"), PolitiTalk.com's technology will not respond to DNT settings at this time.
Pixel tags: We may embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We may use pixel tags to measure the popularity of our features and services. Advertisers on our Properties also may use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad) and for other purposes.
Mobile Device IDs: If you’re using our mobile or other software applications (“Applications”), we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of the Applications. Unlike cookies, device IDs cannot be deleted. Advertisers on our Properties may use device IDs to track your use of the Applications, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics providers also may use device IDs to track information about usage of the Applications.
Our Properties are not intended for use by children under the age of thirteen (13). We do not knowingly allow children under the age of thirteen (13) to register for any service, and we do not knowingly collect any personally identifiable information from children under the age of thirteen (13).
PolitiTalk.com and the Properties are not medical referral sites and do not recommend or endorse any particular provider or medical treatment. No information on the Properties should be construed as medical and/or health advice. The Properties are not a "covered entity" for the purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder ("HIPAA") to the Properties and the treatment of content provided by you.
No Rights of Third Parties
Information from users outside the United States