TERMS OF SERVICE
Last updated September 28, 2018. Replaces all prior versions.
IMPORTANT – READ CAREFULLY: THESE TERMS OF SERVICE APPLY TO ALL USES OF THE VFA WEBSITE, INCLUDING BROWSING, REGISTERING A VOTER ACCOUNT, AND USING VFA SERVICES ANONYMOUSLY WITHOUT REGISTERING A VOTER ACCOUNT.
The services offered through the Vote From Abroad (“VFA”) website are provided to you by the Democratic Party Committee Abroad (referred to herein as “Democrats Abroad” or “we”), doing business as Democrats Abroad, a non-profit political committee organized under the laws of the District of Columbia (Washington D.C.), United States of America and registered with the Federal Election Commission. Democrats Abroad is the official Democratic Party organization for millions of Americans living outside the United States.
What is Vote From Abroad?** **VFA is a nonpartisan voter registration and overseas ballot request service available to all overseas United States citizens and military voters. Our services are nonpartisan because we will not withhold or refuse to provide our services to anyone on the basis of support for or opposition to particular candidates or on the basis of party affiliation. We want you to exercise your right to vote as an American citizen regardless of your party affiliation or lack thereof.
Please note: In exchange for our permission to use VFA services free of charge, this Agreement contains important limitations on your legal rights. These limitations are material conditions of this Agreement, and if you do not agree to be bound by them, you may not, and you should not, use VFA services (“Services”). By way of example and without limitation, these conditions include:
You agree that VFA may send you emails related to your use of our Services (Secs. 3.8, 4.10)
Use restrictions for children under the age of 18 (Sec. 6);
Restrictions on your conduct and your expectation of privacy when you use the Services (Secs. 8, 9);
Your agreement to indemnify Democrats Abroad for harm you cause (Sec. 15);
Limitation of our liability for any damages you incur while using the Services (Sec. 20);
Waiver of your right to file or join a class action claim against Democrats Abroad (Sec. 20.5);
Your agreement to apply the laws of Washington D.C. (United States of America) to this Agreement and to submit to the exclusive jurisdiction and venue** **of courts located in Washington D.C. (Sec. 21.8).
Questions. If you have any questions about this Agreement, please send an email to: email@example.com. You may also contact us directly by U.S. mail at Democrats Abroad, PO Box 15130, Washington, DC 20003, USA.
**1. Description of Services; Acceptance of Binding Agreement **
1.1 To access and use VFA Services (as defined below), you must agree to, and follow, the terms and conditions set forth in these Terms of Service. By registering an account through the VFA website or using any of VFA’s Services, you are agreeing to these terms. Please carefully read through this Agreement.
1.2 VFA Services. The VFA site offers a variety of nonpartisan voter registration and get-out-the-vote services including, but not limited to: (a) state-specific voter registration information (including voter registration, ballot request, and ballot submission deadlines); (b) state-specific voter eligibility requirements as prescribed by law; © information on the names and addresses of local election officials (LEOs); (d) state-specific information on the legally accepted means to transmit your voter materials to your LEO; (e) access to our voter material preparation tool that allows you to quickly, easily, and accurately prepare your voter materials online and either (1) direct VFA to submit your forms by email to your LEO or (2) print or save your voter materials if your state requires submission by fax or postal mail;* * (f) the ability to create an online voter account that securely stores your voter information and preferences and enables you to prepare voter materials quickly and without the need to re-enter information that has not changed; (g) access to our Voter Help Desk for customer service inquiries or to answer questions about overseas voting; and (h) any other services identified in this Agreement or offered on the VFA website.
1.3 No Fee for Services. All VFA Services are offered to you free of charge. However, we and you agree to exchange certain promises, as set forth in this Agreement, to do (or refrain from doing) certain activities that we and you are not otherwise legally obligated to do (or refrain from doing). You also agree to limit (or in some cases, give up) certain rights that you have in exchange for our permission to use VFA Services. Therefore, even though you do not pay any money to use our Services, this Agreement is still a binding legal contract based upon the mutual representations, promises, and limitations contained herein.
1.4 *Using VFA Services. *In principle, there are three ways that you can use VFA Services: (a) browsing the VFA website; (b) registering a Voter Account to prepare voter materials; and © using the VFA website to prepare voter materials anonymously without registering a Voter Account. Unless stated otherwise in this Agreement, these Terms of Service apply generally to any and all uses of VFA Services. For example, under Sections 12 and 13, you acknowledge that you have no rights, and claim no rights, to Democrats Abroad’s copyright or intellectual property, and this applies whether or not you are browsing the VFA website, using a registered Voter Account, preparing voter materials anonymously using our online tool, etc.
2. Browsing the VFA Website
2.2 *Browsing Activity and Feedback. *We collect information from your web-browsing activity about the way you use our Services. We may also collect information about you from the notifications or messages you post on our website or send us online as well as what you search for, look at and engage with. Information obtained from social features, if any, used in connection with our online Services, such as forums and chat functionality, may be stored, copied or used by Democrats Abroad, the public, or third-party companies. We will collect personal information from the messages and reviews you post on our social forums, if any, and when you contact our helpdesk at firstname.lastname@example.org, for example, with a question, problem or comment. If you contact our customer service team by email or post, we will keep copies of your correspondence with us to deal with your query and to preserve our legal rights, claims or defenses.
2.3 You agree that the terms of this Section 2 shall apply whenever you access the VFA website, regardless of the category of VFA Services you are using.
3. Using VFA Services without registering a Voter Account
**3.1 ** **_Starting an anonymous session. _**If you do not want to create a Voter Account, you must click the link “or start an anonymous session” on the VFA home page. This link appears below the “START” button. Do not enter your phone number or email address as prompted on the home page.
*3.2 **Technical and device information. *Some features of the Services provided by VFA will be available to you even if you decide not to register an Account, in which case Democrats Abroad will store limited non-personally identifiable information (including but not limited to device identification information and IP address) for the purpose of enabling you to use those Services (See Section 2, above).
3.3 *Accurate information. *You agree to provide accurate, current and complete information when using the voter material preparation tool without registering a Voter Account. Democrats Abroad reserves the right to suspend or terminate your Account if any information provided proves to be materially false or inaccurate, not current or incomplete. You agree to immediately notify Democrats Abroad of any unauthorized use of your Account.
**3.4 **_Authorization to submit your voter materials by email through VFA. _ **When you grant us permission to do so, we will submit your voter materials to your LEO by email, and we will copy you on the email correspondence using the email address you provide to us. You consent to this transfer of your personal information by clicking the “SEND EMAIL” button as the final step of our online voter material preparation tool. ** Please note that this transfer only applies to voters in states that permit the submission of applicable voter materials by email. If your state does not permit you to submit your voter materials by email, you will need to save and/or print the forms generated using our online tool and send them to your LEO via postal mail, or by fax if permitted. If you have any questions about this process, please contact the VFA Voter Help Desk at email@example.com.
3.5 *Personally identifiable information. *When you use our Services to register to vote or request your ballot without creating a Voter Account, you consent to our collection of information about you necessary for completing your Federal Post Card Application (FPCA) or Federal Write-In Absentee Ballot (FWAB) forms. This information includes your full name, gender, status as a citizen of the United States of America, information on whether you are residing overseas temporarily, indefinitely, etc., email address, telephone number, date of birth, residential address abroad, voting address in the United States, personal preferences, and additional information that you choose to provide. We may also ask for your consent to receive communications from VFA in connection with VFA’s Services.
3.7 *Sensitive personal information. *Some states require voters to provide sensitive personal information when registering to vote or requesting an absentee ballot. Sensitive personal information includes information such as driver’s license numbers, Social Security Numbers or the last four digits thereof, political party affiliation information, an electronic image of your signature, etc. Even if you provide this information while using our services, we do not store this information and have no access to this information through our VFA database. For privacy and security purposes, unique web links provided to download completed forms expire shortly after they are created, and, except for our copy of the email you authorize to be sent to your LEO through the VFA website, neither the links nor any other copy of your completed forms are stored or otherwise retained by Democrats Abroad.
*3.9 **Third party and social media platforms. *Please note that we do not control the information that is sent from your browser to third parties, including social media platforms, analytics companies and advertising networks which receive information in the normal course of your online activities.
4. Registering a Voter Account
4.1 *Purpose and Voter Account Creation. *You may register a Voter Account through the VFA website to securely store your voter information and preferences. This will enable you to prepare voter materials faster by eliminating the need to re-enter your voter information and preferences. Your Voter Account will be created based on the information you enter into the VFA website, beginning with the entry of your phone number or email address on the VFA home page. If you do not want to create a Voter Account, you must click the link “or start an anonymous session”.
4.2 *Technical and device information. *Democrats Abroad will store limited non-personally identifiable information (including but not limited to device identification information and IP address) for the purpose of enabling you to use those Services (See Section 2, above).
4.3 *Accurate information. *You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Democrats Abroad reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be materially false or inaccurate, not current or incomplete. You agree to immediately notify Democrats Abroad of any unauthorized use of your Account.
**4.4 **_Authorization to submit your voter materials by email through VFA. _ When you grant us permission to do so, we will submit your voter materials to your LEO by email, and we will copy you on the email correspondence using the email address you provide to us. You consent to this transfer of your personal information by clicking the “SEND EMAIL” button as the final step of our online voter material preparation tool. ** Please note that this transfer only applies to voters in states that permit the submission of applicable voter materials by email. If your state does not permit you to submit your voter materials by email, you will need to save and/or print the forms generated using our online tool and send them to your LEO via postal mail, or by fax if permitted. If you have any questions about this process, please contact the VFA Voter Help Desk at ****firstname.lastname@example.org**g.
4.5 *Personally identifiable information. *When you use our Services to register to vote or request your ballot by creating a Voter Account, you consent to our collection of information about you necessary for completing your Federal Post Card Application (FPCA) or Federal Write-In Absentee Ballot (FWAB) forms. This information includes your full name, gender, status as a citizen of the United States of America, information on whether you are residing overseas temporarily, indefinitely, etc., email address, telephone number, date of birth, residential address abroad, voting address in the United States, personal preferences, and additional information that you choose to provide. We may also ask for your consent to receive certain communications from VFA in connection with VFA’s Services.
4.6 *Data retention and deletion. *If you choose to create a Voter Account, the personal information in the account will be stored for your future use. The purpose of the Voter Account service is to streamline the search for relevant public election information and speed repetitive tasks. Please note that the creation of a Voter Account is purely optional. Visitors to the VFA site can have access to the full complement of information on the site without a Voter Account. As long as you keep your Voter Account, we retain the personal information you have chosen to share with us. This is done in order to provide you the Services that the account offers. Even if you only use your Voter Account to generate forms for certain elections, we maintain the account until you instruct us to remove it. To delete your account, please email email our Help Desk at email@example.com.
4.7 *Sensitive personal information. *Some states require voters to provide sensitive personal information when registering to vote or requesting an absentee ballot. Sensitive personal information includes information such as driver’s license numbers, Social Security Numbers or the last four digits thereof, political party affiliation information, an electronic image of your signature, etc. Even if you provide this information while using our services, we do not store this information and have no access to this information through our VFA database. For privacy and security purposes, unique web links provided to download completed forms expire shortly after they are created, and, except for our copy of the email you authorize to be sent to your LEO through the VFA website, neither the links nor any other copy of your completed forms are stored or otherwise retained by Democrats Abroad.
4.8 *Login and passwords. *VFA uses two-step verification to allow you to create and use your Voter Account securely. Accordingly, no password is required to use VFA Services, including the online voter material preparation tool. In the event that any new services are offered by VFA requiring a password, you agree to create your own account with a strong password, which is different from any password you use for your other online services. The system may remember your sign-in information depending on your browser and client settings and whether you select the option to store these settings, which means that you will be automatically signed into your password-protected account for some or all of the Services which are available to you. If any VFA Services are accessed using a password, you will be able to reset your password at any time by clicking on a “Forgot Password” button on the applicable account login screen. The password will be sent to the email address registered with your account. You are responsible for safeguarding your password.
4.9 *Confidentiality of login credentials. *You must keep your Voter Account and other accounts with VFA secure and keep your account details confidential. You agree that you will not disclose your password or verification code to any third party and that you will take sole responsibility for any activities or actions under your Voter Account, whether or not you have authorized such activities or actions.
4.11 *Multiple Accounts. *You may register multiple Voter Accounts, provided that you register a different email address or telephone number for each Voter Account. We do not combine information from one Voter Account with information from another Voter Account, unless we suspect that there has been a breach of the general prohibitions in Section 8 of this Agreement, in which case all Voter Accounts you have registered may be temporarily or permanently disabled.
5. Registering for an Account using Social Networking Services
5.1 We may allow you to register for your Account using certain third-party social media or social networking services (“SNS”) including, but not limited to Facebook. If you decide to register through an SNS, we may extract the personal information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you.
5.2 If you register a Voter Account using a social networking account, you agree to provide accurate, current and complete information to your SNS and to update such information to keep it accurate, current and complete.
5.3 *Third party and social media platforms. *Please note that we do not control the information that is sent from your browser to third parties, including social media platforms, analytics companies and advertising networks which receive information in the normal course of your online activities.
6. Account registration and use of Services by Children
6.1 Local laws in your respective jurisdiction may require that you are of a certain age in order to agree to the terms of this Agreement, which is a requisite for registering for an Account. For example, individuals residing in the Washington D.C., and most jurisdictions within the United States, must be at least 18 years old to enter into certain legally binding arrangements.
6.2 In the event that you are under the required age, you may not continue to register a Voter Account and/or use the Services, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Services and/or before any personal data is collected by the VFA website. By using the Services, you warrant that you are old enough to use the Services without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Services at all times, including to ensure that you do not upload or share any personal information without first obtaining their consent.
6.3 In principle, United States citizens eligible to vote must be over the age of 18. This means that most people who use the VFA website to register to vote are over the age of 18. However, any United States citizen may register to vote if he or she will be 18 or older on the date of the next federal election. Because federal elections occur every two years, it is possible for a 16-year-old to complete and submit voter registration forms to their local election officials; thus, it is possible that we may collect information on individuals who are 16 years old. However, we strongly recommend that younger voters wait to register to vote until January of the year in which they will turn 18, provided that the voter’s 18th birthday is on or before the date of the November general election. Because voter registration laws vary from state to state, we encourage all eligible voters, regardless of age, to submit their voter registration and/or ballot request applications as soon as possible in January of each calendar year.
6.4 Protecting the privacy of young children is especially important to Democrats Abroad. For that reason, we do not knowingly collect or maintain personal information or non-personally identifiable information from users under 16 years of age, other than as permitted by law in support of our internal operations. If we learn that personal information of users under the age of 16 has been collected, Democrats Abroad will take reasonable steps to remove such information. If you believe that we may have unintentionally collected personal information about your child who is under 16 years of age, you may contact us using the details provided below.
7. Closing your Account
7.1 If you would like to permanently delete your VFA voter account, please contact the Help Desk at ****firstname.lastname@example.org**g. ** (In the future, we hope to offer a user-controlled data removal solution that would enable each user to delete his or her Voter Account by logging in and clicking a remove account button.) You can contact us directly with requests to correct, erase, restrict, remove, or to object to, your personal information. If you do not want us to process and/or access your personal information, you may be unable to use some of our Services.
7.2 Failure to adhere to any of the terms of this Agreement and/or any other applicable agreements, rules, policies or applicable laws may result in the temporary or permanent suspension of your Account and use of any and all of the Services and you may not be entitled to any refunds for any Services which are no longer available to you as a result.
7.3 We may close your Account if it has not been used for at least 24 months, but we are under no obligation to do so. You agree that Democrats Abroad has a legitimate interest in maintaining your Voter Account to ensure you may utilize VFA Services until such time as you inform us that you wish to remove your Account.
**7.4 After your account is closed, you will not be able to access your account nor use the Services associated with that account. **
8. Your conduct when using your Account or VFA Services
8.1 When using your Account and the Services (including but not limited to your participation in virtual communities or communicating with the Help Desk), you must behave decently, respectfully and with consideration for Democrats Abroad and other users (who may be minors). This includes your use of any sharing or communication features available with the Services that allow you to share messages, comments, and other information.
1. You agree **not to** do any of the following prohibited acts:
Post, upload, publish, submit or transmit any materials which you and/or other users may create as part of the Services (referred to as “User Content”) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame any of the Services, or any individual element within the Services, Democrats Abroad’s name, any Democrats Abroad or VFA trademark, logo or other proprietary information, or the layout and design of the Services, without Democrats Abroad’s express written consent.
Access, tamper with, or use non-public areas of the Services, Democrats Abroad’s computer systems, or the technical delivery systems of Democrats Abroad’s providers;
Attempt to probe, scan, or test the vulnerability of any Democrats Abroad or VFA system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Democrats Abroad or any of Democrats Abroad’s providers or any other third party (including another User) to protect the Services, Account or otherwise;
Attempt to access or search any Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Democrats Abroad or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Democrats Abroad or VFA trade name, trademark, logo URL or product name without Democrats Abroad’s express written consent;
Use the Services or related features of the services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or its related features and/or services to send altered, deceptive or false source-identifying information;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services or related features and services from other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
8.3 In addition to the general prohibitions listed above, your use of the Services is governed by specific rules (together, “Rules”) maintained and enforced exclusively by Democrats Abroad. Your agreement to follow these Rules is a material condition of the Agreement. Your cooperation in understanding and complying with the Rules is essential to ensure that all users can use and enjoy their experience with the Services. According to the Rules, you must:
(a) Respect the rights of other users to use and enjoy the Services. To this end:
(i)** Do not** share anything that is defamatory or offensive (including anything racially, ethnically, religiously or sexually offensive);
(ii) Do not use or promote hate speech, violent behavior or illegal substances;
(iii) Do not act in a disruptive, threatening or bullying manner or impersonate or stalk anyone;
(iv) Do not exploit any bugs in the Services to obtain an unfair advantage;
(v) Do not share, trade, phish for or harvest account sign-in details;
(vi) Do not use or associate your Voter Account for any commercial activity;
(vii) Do not act in any manner that infringes privacy or intellectual property rights;
(viii) Do not carry out, or attempt or threaten to carry out, any activity that is against this Agreement, or any applicable law;
Not spam, flood, or make duplicate posts, post commercial solicitations or ads when engaging in any interaction with other users or any Democrats Abroad employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue;
Not impersonate any employee or agent including customer service representatives, of Democrats Abroad, its agents or its affiliates;
Not post or communicate any user’s “real world” information (name, address, account name, etc.) through the Services or any other related public spaces (e.g. forums, websites etc.);
**Not **offer or perform services for cash or any other valuable consideration;
Not organize or be a member of any groups within the Services that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or other discriminatory values;
Not exploit any errors in design features which have not been documented, and/or “bugs” to gain access to content that is otherwise not available to users, or to obtain any advantage over other users or any other unintended benefit; or communicate the existence of any such errors or “bugs”, either directly or through public posting, to other users. Errors and bugs should be promptly reported to us at email@example.com.
Not use any third-party program (such as a “bot”) in order to automate functions related to the Services, including registration of a Voter Account or use of VFA’s online voter material preparation tool; and
**Not **engage in any other conduct that is disrespectful to other users or contrary to the “spirit” of the Services.
Failure to adhere to the above may result in the temporary or permanent suspension of your Account (and any other Accounts which we determine have been registered by you) and use of any or all Services.
**9. E-mail, messaging, blogging and chat **
9.1 Democrats Abroad may make email, messaging, blogging, or chat (collectively, “Communication Software”) available through its Services, either directly or through a third-party provider. Democrats Abroad is not responsible for communications made by you and other users via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
10. Maintenance of your Account and Services
10.1 We may take down any features of the Services at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.
11. Protecting your Account and our Services
11.1 If we believe that you have permitted your Account or device to be used in a way which breaches this Agreement, or we believe that your Account has been hacked, we may take any actions we believe are reasonable under the circumstances to protect our interests and those of other users. In particular, we may:
(a) Reset the password, if any, for your Account;
(b) Stop or suspend access to all or any part of the Services;
© Disable your Voter Account temporarily or permanently;
(d) Bring, initiate and/or participate in government, criminal and/or private legal action against you.
11.2 While your Account is disabled, you may not be able to use any or all of the Services.
11.3 A failure or delay in taking action in response to any breaches is not a waiver of any of our rights or remedies and we may still take action in response to such breaches, or any other breach, at a later date.
12. Intellectual Property Rights
12.1 Subject to your compliance with the terms and conditions of this Agreement, Democrats Abroad hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use any intellectual property that enables you to use VFA Services or access information and materials (collectively referred to as “Materials”) that form part of the Services exclusively for your personal and non-commercial use solely in connection with the Services to which you have been granted access.
**12.2 Duplication, copying or any form of reproduction of any Materials to any other server or location for the purposes of any other form of reproduction or any form of distribution is expressly and explicitly prohibited. **
12.3 You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, or transmitting of any Services, including but not limited to your Account, without the express prior written consent of an authorized representative of Democrats Abroad. This includes distributing User Content, except where you are permitted to do so without charge (i.e., on a strictly non-commercial basis), to other authorized users.
12.4 All rights not specifically granted under this Agreement are hereby reserved by Democrats Abroad and, as applicable, by its licensors.
13. No Right to Ownership
13.1 The Services are protected by US copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Services may contain certain licensed materials, and Democrats Abroad and Democrats Abroad’s licensors, if any, may protect their rights in the event of any violation of this Agreement. Except as expressly licensed to you herein, all right, title, and interest in and to the Services and any and all associated copyrights, trademarks and intellectual property therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Services and Materials) are owned by Democrats Abroad or Democrats Abroad’s licensors (“Democrats Abroad IP”).
**13.2 You acknowledge and agree that you shall have no ownership or other property interest in the Services, and you further acknowledge and agree that all such rights are and shall forever be owned by and inure to the benefit of Democrats Abroad and/or its licensors. **
13.3 Democrats Abroad may allow you to create your audio, visual or audio-visual content using our services (“User-Generated Content”). We may enable you to synchronize your User Generated Content with Democrats Abroad IP.
13.4 Democrats Abroad acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Democrats Abroad IP) shall belong to you. To the extent required by Democrats Abroad, with respect to the User-Generated Content, you automatically grant to Democrats Abroad an irrevocable, perpetual, worldwide, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof) in any way Democrats Abroad sees fit.
13.5 Democrats Abroad hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Democrats Abroad IP with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which Democrats Abroad publishes from time to time. The license you have been granted to synchronize the Democrats Abroad IP with your User-Generated Content does not include any rights to (a) resale of the Democrats Abroad IP; (b) the distribution, public performance or public display of any Democrats Abroad IP other than as expressly authorized herein or in any policies published by Democrats Abroad; © modifying or otherwise making any derivative uses of the Democrats Abroad IP, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Democrats Abroad IP in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of Democrats Abroad and will remain our property.
13.6 You hereby warrant and represent that any User-Generated Content which you synchronize with Democrats Abroad IP shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Democrats Abroad.
13.7 You hereby warrant and represent that any User-Generated Content synchronized with Democrats Abroad IP, and the subsequent use and exploitation of any those materials by you and or Democrats Abroad, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to Democrats Abroad and shall not be used for commercial exploitation by you unless expressly authorized by Democrats Abroad.
**14. No sale or assignment **
14.1 Democrats Abroad does not permit or recognize any transfer of VFA Services. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of Democrats Abroad. Any attempt to do so shall be void and of no effect.
15.1 Upon request by Democrats Abroad, you agree to defend, indemnify, and hold Democrats Abroad, its officers, employees, agents, affiliates, etc. harmless from and against all liabilities, claims, damages, losses, costs and expenses (including reasonable attorneys’ fees, experts’ fees, computer forensics expenses, and other electronic discovery expenses) or other losses arising out of or in any way related to (a) your use of, or activities in connection with the Services; (b) any breach or alleged breach of this Agreement by you; or © any allegation that any content that you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Democrats Abroad reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Democrats Abroad in asserting any available defenses.
16. International use
16.1 Although the Services may be accessible worldwide, we make no representation that the Services are appropriate or available for use where you are located, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Services is void where prohibited.
17. Termination and survivability of terms
17.1 *Termination by You. *The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your Voter Account, if applicable, and discontinue use of the Services (or any feature of the Services) at any time, pursuant to the terms of this Agreement.
17.2 *Termination by Us. *Without prejudice to any other rights of Democrats Abroad, this Agreement shall terminate automatically if you fail to comply with its terms and conditions, including but not limited to the following:
(a) you breach any provision of the Agreement (or act in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement);
(b) you fail to make the timely payment of fees, if any, for the Services;
© you materially breach any provision of the Agreement, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);
(f) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(g) we elect to discontinue the Services, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(h) there has been an extended period of inactivity in your free account.
17.3 *Survivability. *The provisions of Sections 12, 13, 14, 15, 18, 19, 20 and 21 shall survive any termination of this Agreement.
18.1 Because Democrats Abroad would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Democrats Abroad shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
19. Data Protection
19.1 You acknowledge that Democrats Abroad does and may collect data derived from your use of any of the Services. For example, Democrats Abroad may collect or process information about your device, including where available your IP address and/or operating system. This is statistical data about our user’s browsing, actions, patterns, and device and does not identify any individual (unless otherwise deemed as personal data or personally identifiable information pursuant to applicable law or regulation). Your IP address is used to determine to auto-select your country. The collection and storage of the above data is solely for the purposes of facilitating the existing functionality of the Services, assisting Democrats Abroad in assessing improvements to its Services and for digital management purposes.
19.2 Democrats Abroad may also collect personal information from you when you register for an account and/or where you use an SNS to register your account, in which case we shall extract the personal information you have provided to the SNS from the account you have with the applicable SNS and use that information to create your account. The specific information that we extract may depend on the privacy settings you have with the SNS. You hereby consent to our access to and collection of such personal information about you.
19.3 When you use the Services and/or your Voter Account, Democrats Abroad, other users and third parties may collect, use and share with others information that relates to you.
19.4 ****The collection, use and sharing of personal information that relates to you is explained in the ****VFA Privacy Polic**y. The policy and updates to the policy may also be notified to you while using VFA’s Services. By registering and using your account and these services, you agree to the collection, use and sharing of your personal information as explained in that policy and agree to any revisions which are notified to you or posted on our website. **
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to Democrats Abroad, PO Box 15130, Washington DC 20003 USA or firstname.lastname@example.org
20. Limits on our liability and your rights
20.1 To the fullest extent permissible under applicable law, you expressly agree that the use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, all Services are provided on an “as is” and “as available” basis with all faults and without warranty of any kind, and **Democrats Abroad hereby disclaims all warranties and conditions with respect to the services, **either express or implied, including, but not limited to, the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, or accuracy, of quiet enjoyment, and non-infringement of third party rights. Without limiting the foregoing, **we make no warranty that **(a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, © the Services will be interoperable or compatible with your device and software, (e) your voter materials will be received or accepted by your LEO (it is your responsibility to follow up directly with your LEO to confirm your voter materials have been received and processed properly) or (d) the results that may be obtained from the use of the Services will be effective, accurate or reliable. No oral or written information or advice given by Democrats Abroad or its authorized representative(s) shall create a warranty.
20.2 At some point in the future, certain features of the Services may go out of date, and Democrats Abroad makes no commitment to update or continue operating such aspects of the Services. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Services, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The use of the Services or the downloading or other acquisition of any materials and user content through or in connection with the Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your device or loss of data that results from such activities.
20.3 Democrats Abroad makes no representations about the suitability of the information contained in the Services. The information and related graphics published as part of the Services may include technical inaccuracies or typographical errors. You understand and agree that temporary interruption of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond Democrats Abroad’s control.
**20.4 You acknowledge and agree that your exclusive remedy for any dispute with Democrats Abroad is to stop using the Services. **In no case shall any liability of Democrats Abroad to you exceed the amount that you paid to Democrats Abroad or its affiliates and/or designees for the applicable feature of the Services giving rise to any such liability. In no event shall Democrats Abroad or its affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Services, including damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if Democrats Abroad has been advised of the possibility of such damages.
**20.5 No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. **
20.6 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Democrats Abroad and its affiliates shall be limited to the fullest extent permitted by law.
21.1 Integration Clause. This Agreement represents the complete agreement between you and Democrats Abroad concerning the Services and supersedes all prior agreements and representations, warranties or understandings between you and Democrats Abroad (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
21.2 Severability and Waiver. This Agreement shall operate to the fullest extent permissible by law. If any part of the Agreement is determined to be unlawful, void, or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
21.3 Assignment. Democrats Abroad may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Democrats Abroad’s express prior written consent.
21.4 Limitations on Our Performance of this Agreement. Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Democrats Abroad with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
21.5 Third Party Beneficiaries. Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and, to the extent permitted by law, any provisions of law that establish benefits or rights of third parties are expressly excluded.
21.6 *Language of Correspondence. *The parties agree that all correspondence relating to this Agreement shall be written in the English language. Democrats Abroad will use reasonable efforts to accept, and reply to, correspondence written in the Spanish language, but we do not undertake any affirmative obligation to pay for or provide professional or certified translations of any correspondence written in the Spanish language.
21.8 Choice of Law and Forum. This Agreement is governed by, and construed in accordance with, the laws of the District of Columbia (United States of America) without giving effect to principles of conflict of laws. In the event of a claim by Democrats Abroad against you, you agree to submit to the exclusive jurisdiction and venue of the courts located in the District of Columbia (United States of America). In the event of a claim by you against Democrats Abroad, its officers, employees, volunteers, affiliates or licensors, you agree to file your claim in, and we agree to submit to the exclusive jurisdiction and venue of, the courts located in the District of Columbia (United States of America).
You may contact us at the following address:
PO Box 15130
Washington DC 20003