PLEASE READ THESE TERMS CAREFULLY. CREATION OF AN ACCOUNT AND USE OF THIS SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS.
These are the Terms of Service (the “Agreement”) applicable to your use of BuzzMaker US, LLC’s Accelerate service (“Accelerate,” or the “Service”). The Agreement is a legally binding contract between Buzzmaker US, LLC (“we,” “our” or “us’) and anyone who accesses or uses the Service, including candidates, their consultants, and their agents or employees (“you” or “your”).
Conditions for Use of the Service
The Service is intended for persons who are 18 or older and are of legal age to form a binding agreement. If you are under 18 or not of legal age to form a binding agreement, you do not have the right to use Accelerate, and you should not access or use the Service.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained in this Agreement, including any additional policies referenced in this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE, AND YOU SHOULD NOT ACCESS OR USE THE SERVICE.
By accessing or using any part of the Service in any manner, you agree to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. Please check this Agreement periodically for changes. Your continued access or use of the Service following any changes to the Agreement constitutes your acceptance of those changes.
Use of the Service
The Accelerate Service provides you with material intended for the express purpose of soliciting campaign contributions from potential donors (the “Permitted Use”). Using the Service allows you to access a bank of content consisting of text, images, and hyperlinks content (the “Service Content”). Users who purchase Accelerate Gold will be given access to Service Content, which will be available for download to your hard drive and for transmission to potential donors. You are responsible for reviewing the Service Content and ensuring that it is satisfactory to you. Do not transmit the Service Content if you do not agree with any message conveyed therein or if it is not satisfactory to you.
Copyright and Intellectual Property
The Service Content may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data that are the property of BuzzMaker US, LLC, and/or its affiliates and are protected under copyright, trademark, and other laws of the United States. The Service Content also may include material that is owned by other third parties and which Buzzmaker US, LLC has obtained permission to use. You agree not to use Service Content in any manner other than for a Permitted Use without the prior written permission of BuzzMaker US, LLC.
Nothing contained in the Service grants, by implication, estoppel, or otherwise, any license or right to reproduce, republish, distribute, copy, display, perform, transmit, sell, or otherwise use any Service Content in any manner other than for the Permitted Use. You may not take any action to infringe or derogate Accelerate’s intellectual property rights, including, but not limited to: (a) modify, assign, auction, lease, license or sublicense the Materials; (b) create any derivative works based upon the Service Content; (c) reverse compile, decompile, reverse engineer or attempt to ascertain the source code of any software provided as part of the Service Content, (d) attempt to circumvent or disable any technology, features or measures in the Service Content; (e) remove any copyright or other proprietary notices from the Service Content; or (f) use or otherwise commercialize or attempt to commercialize use of the Service Content. The use of any data mining, robots or similar extraction or data gathering methods in connection with this Site is prohibited.
Any rights not expressly granted herein are reserved by Accelerate. If you wish to request permission to use any Service Content in any manner other than for the Permitted Use, please email your request to firstname.lastname@example.org. By accessing the Service Content, you agree that you shall not provide it any third party other than for a Permitted Use. Any unauthorized use of the Service Content will result in termination of your account.
Each account will be given a free trial period of five (5) days (the “Trial Period”). If you cancel your account within the Trial Period, your account will be immediately suspended and you will not be charged for your use of the Service during the Trial Period. If you cancel your account after the Trial Period has ended, your cancellation will become effective after the end of your account’s next billing cycle.
We reserve the right to restrict or terminate your access to the Service or any feature or part thereof at any time if we determine in good faith that your use of the Service violates this Agreement. We also reserve the right to make qualitative value judgments regarding your use of the Service, and to restrict or terminate your access to the Service in our sole discretion. Any unpermitted use of an account will result in termination, and any such termination is not exclusive of any other remedies Buzzmaker US, LLC may pursue at law or in equity. Accelerate reserves the right to terminate the Service at any time without prior notice and without liability of any kind.
Grant of License
Each account will be given one limited, non-exclusive, non-transferrable, non-sublicenseable license to use the Service Content for the Permitted Use. All Accelerate Service Content is licensed to you and not sold. With respect to any open source or third-party code that may be incorporated in the Service or the Service Content, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. Each license granted to an account is valid only for use on a single campaign for a single candidate.
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that the Service or the Service Content infringes upon your copyright, please notify us by email at email@example.com. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL or other location where the allegedly infringing Service Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our Service is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
Representation and Warranty
You represent and warrant that you have the right and the appropriate permission to contact any and all e-mail addresses to which you send Service Content in accordance with applicable privacy, solicitation, election, fundraising, and all other law. By using the Service, you represent and warrant that you have the authority to bind the individual or entity for which you have created an account, and that you shall not provide any third-party with access to the Service or to the Service Content. If you make any changes to content provided by the Service, any such changes are made expressly at your own risk, and you represent and warrant that any such changes do not contain the copyright or other intellectual property of individuals or entities other than yourself or of third parties from which you have received permission to use such content.
By using the Service, you represent and warrant that any changes you may make to the Service Content will not result in communications that are false, fraudulent, or defamatory in any fashion. By using the Service, you represent and warrant that you are not a candidate running under the Republican party platform, a candidate who self-identifies as a Republican in a non-partisan race, and that you are not affiliated with any group espousing discrimination or hatred on the basis of race, ethnicity, gender, or sexual-orientation. A breach of any of the foregoing representations and warranties will result in the immediate cancellation of your Account, and may result in legal claims for damages against you.
Disclaimer of Warranties
We disclaim any responsibility for any harm resulting from access or use of the Service. Your use of the Service is at your sole risk. The Service and all Service Content are provided "AS IS" and “AS AVAILABLE” to the full extent permitted by law. We do not warrant that the Service or the Service Content are (a) fit for any particular purpose; (b) uninterrupted, secure or error-free; or (c) free of defamatory, offensive, inaccurate, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer, computer network, or mobile device.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. BEFORE USING THE SERVICE CONTENT, YOU MUST REVIEW IT TO ENSURE THAT IT IS SATISFACTORY AS IT IS PRESENTED TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR SERVICE CONTENT INCLUDING, BUT NOT LIMITED TO (A) DAMAGES CAUSED BY ERRORS, SUSPENSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, DOWN TIME, OR LACK OF ACCESS TO THE SERVICE, (B) DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS ACCESSED THROUGH THE SERVICE, (C), DAMAGES CAUSED BY INACCURATE OR ILLEGAL MATERIAL, AND (D) DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF BUZZMAKER US, LLC OR ITS AFFILIATES FOR ANY REASON WHATSOEVER TO YOU RELATED TO THE SERVICE OR SERVICE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100).
You agree to indemnify, hold harmless, and release us and our respective officers, directors, members, employees, agents, affiliates, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses including, but not limited to, reasonable attorney's fees arising from or related to your access, use, misuse, or violation of your representations and warranties in connection with use of the Service. We reserve the right to assume control of the defense to any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statue applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit Accelerate to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all the terms of this Agreement, including any terms in relation to DISCLAIMER OF WARRANTIES, LIMITATION OF LIAIBLITY, and INDEMNIFICATION. If any Mandatory Term serves to invalidate any provision of this Agreement, you agree that the remainder of the Agreement will be enforceable and binding.
We reserve the right, in our sole discretion, to modify, delete or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Changes become effective once we post them to our Website.
Choice of Law and Dispute Resolution
This Agreement shall be interpreted, construed and enforced in accordance with the laws of the District of Columbia without regard to conflict/choice of law principles, and you consent to the jurisdiction of the courts located in District of Columbia for any action related to this Agreement. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, including the determination of whether a dispute between the parties is subject to this provision, shall be settled by binding arbitration. The arbitration shall be held in Washington, D.C. in accordance with the Comprehensive Arbitration Rules & Procedures of Judicial Arbitration and Mediation Services (“JAMS”) then in effect. The parties shall mutually agree upon and designate an arbitrator; however, in the absence of such agreement and designation within 30 days following the demand for arbitration, then JAMS shall choose an arbitrator. In no event shall the arbitrator award punitive or exemplary damages. The arbitrator shall be determined to have exceeded its powers if it makes an error of fact, an error of law, or applies laws not consistent with the laws of the District of Columbia and its conflict/choice of law principles. The decision of the arbitrator shall be rendered within thirty (30) days following conclusion of the arbitration, shall be in writing and shall set forth in detail the reasons for such decision. Judgment upon the award may be entered in any court of competent jurisdiction. In the event of any action or proceeding (including arbitration) brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees arising from such action or proceeding. If any material on this Service, or your use of this Service, is contrary to the laws applicable to you, do not use this Service. You are responsible for informing yourself of the laws applicable to you and complying with them.
Effective: August 9, 2016