Independent Voters of America Membership Agreement
Independent Voters of America consists of IndependentVotersofAmerica.org and any other Web site that we identify as a part of Independent Voters of America, the mobile versions of our websites, and any apps that we offer (for example, apps available through iTunes and on Facebook).
This Membership Agreement is an agreement between you and Independent Voters of America, LLC. (referred to in this Membership Agreement as “Independent Voters of America,” “us,” “our” and “we”). This Membership Agreement applies to the various communication and personalization tools and services offered on the Independent Voters of America that are part of our “community” (the “Community Services”).
While all of the content on the Independent Voters of America is available to all visitors to the Independent Voters of America, with the exception of “Member Only” content, participation in our Community Services is only available to visitors who sign up as Members by agreeing to be bound by this Membership Agreement.
Currently, all Community Services are provided with membership sign up and the yearly membership fee. The Community Services include the ability to comment and interact in the Latest section, maintain a unique member profile and receive member only content and benefits as specified on the Join Us page of the website.
As used in this Membership Agreement:
- “Members” means you (when you have accepted this Membership Agreement) and the other members of Independent Voters of America.
- “MGC” or “Member-Generated Content” means all Member content submitted to us through our Community Services or through other channels, as well as any attachments to those submissions or otherwise provided to us (such as documents, photographs and videos).
- “Hosts” are the individuals who host, moderate or supervise the Community Services on behalf of Independent Voters of America, including our staff who participate in Forums and host our blogs.
You acknowledge and agree that by accepting this Membership Agreement and completing the registration process, you are becoming a member of Independent Voters of America and are agreeing to the following:
We reserve the right, in our sole discretion and at any time, to make changes to this Membership Agreement and our other policies concerning the use of the Community Services. (We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Membership Agreement as they apply to a specific item of MGC or as they apply to a specific Member, without affecting the application of these terms to any other MGC or Members.) Changes will be effective when made and the updated Membership Agreement (or applicable policy) is posted on Independent Voters of America website; provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. Accordingly, you should visit this page periodically to review its provisions. As described below, any Member who violates this Membership Agreement may be banned permanently from using some or all of the Community Services and will have their Independent Voters of America membership card revoked.
If any of provision of this Membership Agreement shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Membership Agreement.
Community Services Advertisements and Communications
You understand and agree that the Community Services and the pages on which Community Services are provided may include advertisements, and that these advertisements are necessary for us to provide the Community Services. You also understand and agree that we may send you certain communications in connection with the Community Services, such as service announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we may send you copies of any periodic newsletters or similar informative communications we send to Members generally (but you will have the opportunity to opt out of receiving future issues at any time). Any communications sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public, and you agree not to post those communications in the Community Services or elsewhere on the Internet.
Availability of Community Services
While we make reasonable efforts to ensure that the Community Services are available at all times, we do not guarantee that the Community Services will be uninterrupted or error-free, and we do not guarantee that Members will be able to access or use all the Community Services or all of their features at all times.
We may change, suspend or discontinue any (or all) Community Services, or any of their features, at any time. We may also impose limits on the use of or access to certain features or portions of the Community Services, or restrict your access to any part or all of the Community Services, in all cases without notice to you or liability to us.
Member Identification and Use of Registration Data
As part of the registration process, you must select a username and password. You agree to register only once using a single username. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a username that constitutes or suggests an impersonation of any other person or entity or that you are a representative of an entity when you are not, or that is offensive; (iii) choose a username for the purposes of deceiving or misleading our visitors and/or the Hosts as to your true identity; or (iv) choose a username that incorporates a solicitation (e.g., yoursitedotcom, businessname, isellproducts).
Your Member profile is only displayed to other Members. Your email address included in your Member profile will remain private and will not be displayed, unless you change profile settings to request that it be displayed.
Keeping Your Personal Information Private
You are responsible for maintaining the confidentiality of your password. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. Your account is unique to you and may not be transferred to any third party. You should notify us of any known or suspected unauthorized use of your username and password.
Members should be aware that disclosure in the Community Services of your full name, street address or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.
Other than the inclusion (at your election) of your email address in your Member Profile, you may not post your email address anywhere in the Community Services, nor may you post your phone number.
Member Generated Content (MGC) Management
While we have no obligation to do so, we do monitor certain MGC. However, since not all of the areas that are monitored are done so on a “real time” basis, you may see MGC that violates this Membership Agreement before we do. Please report such items to our Hosts by using the Contact link on every page.
We reserve the right to review all MGC and to remove, or to refuse to display, any MGC in our sole discretion and for any reason. However, we also reserve the right in our sole discretion to display any MGC that is submitted to us (or to decline to remove any MGC), even if it violates this Membership Agreement.
We do not make any promises as to what actions we will or will not take with respect to any MGC, and no such promises should be inferred from either this Membership Agreement or any communication by us.
You understand that the MGC of the other Members is based on their individual opinion and experience, which may vary significantly from one person to the next. We do not endorse or guarantee the accuracy of any MGC, and you agree that we are not responsible for the accuracy of the MGC and will not be liable for any damages incurred as a result of the submission or use thereof.
We welcome all points of view on matters that relate to independent voters in the United States. However, although interactions within the Community Services occur in cyberspace, everyday manners apply. Please respect and interact with fellow Members as you would in any public arena. Civility and respect underlie the success of an on-line community; if you wish to take issue with the statements of other Members or the Hosts, please engage in healthy, mature debate and not immature behavior or name-calling. While we want to maintain an inviting environment for all visitors, disruptive conduct, such as off-topic comments in a topic-oriented discussion in the Forums, is not allowed. Neither is “spam” (e.g., posting your message in multiple places throughout the Forums).
Community Services are areas for the exchange of information and, in some areas, advice. Questions asked may be answered within those areas, but please do not attempt to take the conversation out of the Community Services (such as by requesting that an answer be emailed). Such actions deprive other visitors of the benefit of the Community Services.
You may not include in any MGC either any email addresses or telephone numbers of any person or entity, including your own.
Profanity, Harassment and Other Inappropriate Conduct
We understand that sometimes profanity can help with articulation, and that’s ok, but we reserve the right to delete profane content at our discretion. Beyond this you may not submit MGC that is indecent, needlessly profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language when not integral to the content), obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy the Community Services. We wish to maintain a family-friendly environment that encourages healthy, respectful discourse and inquiry. Please use this as your guideline when in doubt. We reserve the right to remove and delete any content that we deem inappropriate for Independent Voters of America.
You also may not submit MGC that consists of or contains software viruses, political campaigning or commercial solicitation, unless otherwise previously approved by Independent Voters of America. You may not use a false e-mail address, impersonate any person or entity (including any other Member or Host), or otherwise mislead as to the origin of your MGC.
In addition, we do not tolerate Members’ harassing, threatening or embarrassing other Members, including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, marital status or veteran status, or the stalking other Members (“cyberstalking”). You agree not to engage in this behavior.
Illegal and Objectionable Activities
We do not allow the promotion of illegal conduct or activities or fraudulent schemes in the Community Services. Specifically, you may not advocate illegal conduct. You also agree to not engage in any illegal activity in connection with your participation in or use of the Community Services.
Rights of Third Parties
You may not submit MGC that infringes in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. In certain areas of the Community Services, you may insert hyperlinks in your MGC to permit visitors to access copyrighted materials — but, except for quotes of reasonable length, you may not post such materials in the Community Services. You may not use the Community Services to distribute unauthorized copyrighted material, including photos, videos, artwork text, recordings, designs or computer programs.
You may not submit MGC that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
You may not harvest or collect information about other Members from Independent Voters of America, including usernames, or use that information for the purpose of sending unsolicited bulk communications. You may not use or provide to any person or entity, whether or not for a fee, any directory of or information regarding other Members.
Promotions and Solicitations
You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use any Community Service to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials or implore visitors to take actions that are intended to further a personal purpose. You agree you will not use information supplied within the Community Services to do any of the foregoing, by email or any other method. You agree to not gather public email addresses from Member profiles for any purpose. You agree that your MGC will not promote, link to or encourage others to visit auto Web sites that provide message boards, forums or chats.
Including a link in MGC to another Web site is permissible when appropriate in the context of answering a question posed by another Member, but not for the purpose of promoting other communities or third-party services or products. The Hosts will remove any link they believe does not provide value to visitors.
Links included as a part of your signature line are never permitted and will be removed by the Hosts.
License of MGC to Us
You agree that, by submitting MGC to Independent Voters of America, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, display and provide to third parties that MGC throughout the world for any purpose and in any media. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your MGC, as well as the right to attribute your MGC to you and you waive any “moral rights” in your MGC.
You agree that you will not use or reproduce any MGC of any other Member in any manner or in any media, including posting or republishing any MGC of another Member on any other Web site. (You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single item of MGC another Member if it is clear that the original and full item of MGC is available within Independent Voters of America.) You may also display a link to, or the address of, the page of Independent Voters of America on which any MGC appears.
Ideas Submitted to Independent Voters of America
From time to time, we provide opportunities for Members and other visitors to submit to us ideas and improvements related to Independent Voters of America Web sites, services and technology.
You grant to us and our designees a perpetual, irrevocable, fully assignable and sublicensable, non-exclusive fully-paid up and royalty free license to use any ideas, expression of ideas or other materials you submit (collectively, “Materials”) to us, without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, publish, create prepare derivative works from, combine with other works, modify, alter, adapt, edit, reformat, translate, distribute copies, display, perform, provide to third parties, license the Materials, and all rights therein, in the name of Independent Voters of America or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of the Materials, and you waive any “moral rights” in the Materials.
The license shall also permit us and our designees to use portions of the Materials you submit, rerecord or modify any audio tracks, videos or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by us and our designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by us and shall not be subject to your approval or payment by us of any compensation to you.
You agree that the Materials you submit: (i) are original with you, and (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right.
You acknowledge and agree that the relationship between you and Independent Voters of America is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Materials you submit.
By making a submission, you acknowledge and agree that we and our designees may create on our own or obtain many submissions that may be similar or identical to the Materials you submit through Forums or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by us and our designees may be similar to your Materials.
Independent Voters of America shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the Materials you submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of Independent Voters of America or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the Materials until 2 years from that date. If we exercise the option, you agree to accept value in kind at our discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.
Your Use of our Trade Names
You understand that you may use our “Trade Names” solely for the purposes of identifying your membership in Independent Voters of America — and for no other purpose. (Our Trade Names include “IVA” “IVA.com,”and all variants of those names.) You acknowledge that we own and reserve all right, title and interest in and to our Trade Names, and that we reserve the right to disapprove any use by you or by others of our Trade Names. You agree that if requested by us, you will promptly terminate all use of any of our Trade Names, and that we may so request if any use of any of our Trade Names is not in accordance with the terms of this Membership Agreement, does not meet the high standards of quality established by Independent Voters of America with respect to the use of our Trade Names, or would expose Independent Voters of America to any risk of liability or loss.
You agree not to (i) take any actions that would adversely affect our rights in our Trade Names, or (ii) file any application or other document with any governmental authority to register any corporate name, trade name, trademark, service mark, certification mark, collective mark or other similar designation that includes any of our Trade Names or any confusingly similar names, or (iii) take any other action that is inconsistent with our rights in our Trade Names (or aid or abet any third person in doing so).
Termination of Membership
Please be aware that your membership may be revoked if you fail to abide by the terms of this Membership Agreement. In the event this should occur, you agree not to re-register as a Member of Independent Voters of America. Furthermore, you acknowledge that we reserve the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to submit MGC. You understand that we may exercise this right in our sole discretion.
We also reserve the right to disable or terminate a Member’s account, without notice, if there is a period of extended inactivity.
If your membership is terminated or deactivated by us, your MGC may be deleted and your username may be given to another Member without notice to you.
Community Security; Violations of Law
Violations of system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:
Any automated use of the system
Use of software that allows your account to stay logged on while you are not actively using the account
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
We may investigate incidents involving such violations, any violations of this Membership Agreement that may constitute or have the potential to constitute violations of law, and any activity by Members on Independent Voters of America that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, with or without receipt by us of a subpoena or other legal process.
Representations and Warranties
You represent and warrant to us that all of the information provided by you to us to register as a Member and participate in the Community Services is correct and current; and that you have all necessary right, power and authority to enter into this Membership Agreement, to perform the acts required of you hereunder, and to submit your MGC in accordance with the requirements of this Membership Agreement.
You agree that you will be responsible for any damages resulting from any violation of this Membership Agreement. You further agree to indemnify and hold Independent Voters of America and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of this Membership Agreement, or any breach of any representation made by you in this Membership Agreement, or any violation of any law or the rights of a third party (including any right of publicity, right of privacy, intellectual property right, or any other proprietary right) that occurs in connection with your use of the Community Services.
Choice of Law and Forum; Attorneys’ Fees
This Membership Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Membership Agreement, the Community Services, or your or any Member’s use of or participation in the Community Services shall be in the state or federal courts located in the County of Hennepin, State of Minnesota, and you further (i) agree not to file or bring any claim or action in a different jurisdiction, and (ii) agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret this Membership Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.
Any modifications to this Membership Agreement must be made in a writing executed by both parties. Any notices to the Independent Voters of America must be sent to firstname.lastname@example.org, Attention: Community Services. Any unenforceable provision of this Membership Agreement shall be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Membership Agreement shall remain in full effect.