TRUPOLITICS APP USER LICENSE
TRUPOLITICS, LLC (“TruPolitics”) makes available to you the TRUPOLITICS APP (the “App”) and the TRUPOLITICS SERVICE, including trupolitics.com (the “Service”) subject to the following terms and conditions (the “Agreement”). TruPolitics reserves all rights not expressly granted to you in the Agreement.
Scope of License to the App: The App is licensed, not sold. TruPolitics grants to you a limited, non-transferable license to use the App on a device that you own or control and subject to any other applicable terms of the app store through which you acquired the App (“Store Terms”). You may not use the App on any device that you do not own or control. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Store Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of TruPolitics and its providers, and if you breach this restriction you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by TruPolitics that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgraded App.
One Person, One Vote: You may only have one account on the Service, and you must provide accurate information regarding your age, sex, and zip code (matching your voter registration) to open an account with the Service. Creation of multiple accounts or providing false information when registering is grounds for immediate suspension of all accounts and a ban on future use of the Service.
Responsibility for Your Content: You are responsible for your use of the App and the Service, for any information or materials you submit, post or display (“Content”) using the App or the Service, and for any consequences thereof. Content you provide is public by default and may be viewed by other users. You are not permitted to post Content that infringes the copyright or other intellectual property rights of others.
Prohibited Content: You may debate, but don’t attack. TruPolitics encourages active discussions and welcomes heated debate on the Service, but hate speech or repeated personal attacks are a violation of this Agreement and may be grounds for immediate and permanent suspension of access to all or part of the Service. You agree not to provide any Content that is libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal. You agree that you will not threaten other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” You agree to use respectful language.
Objectionable Content from Others: You understand that by using the App or the Service, you may encounter Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the App or Service at your sole risk and that TruPolitics will not have any liability to you for Content that may be found to be offensive, indecent, or objectionable. By using the App or the Service, you acknowledge and agree that TruPolitics is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Content. Nevertheless, TruPolitics reserves the right to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Rights to Your Content: You retain any rights you have to any Content you provide using the App or the Service. By providing your Content, you grant TruPolitics a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that your license to TruPolitics includes the right for TruPolitics to provide, promote, and improve the App and Service and to make Content available to other companies, organizations or individuals who partner with TruPolitics (“Partners”). Such additional uses by TruPolitics or Partners may be made with no compensation paid to you with respect to your Content. TruPolitics may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media, and may make changes to your Content to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Consent to Use of Data: You agree that TruPolitics may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App and the Service. You further agree that TruPolitics may derive certain inferences from your use of the Service, and aggregate information about you and other users and constituents of electoral districts for use by TruPolitics and its Partners, as long as it is in a form that does not personally identify you, to improve the App and the Service, conduct electoral campaigns, and to provide additional services to you. More detail is available in the Service Privacy Statement (www.trupolitics.com/privacypolicy ), which is incorporated in full in this Agreement.
Termination: Your license to use the App, and your rights to use the Service, are each effective until terminated by you or TruPolitics. Your rights will terminate automatically without notice from TruPolitics if you fail to fully comply with the terms of this Agreement. Upon termination of the Agreement, you will cease all use of the App, and destroy all copies, full or partial, of the App, and stop any use of the Service.
Services; Third Party Materials: The App may enable access to the Service and to third party services and web sites. Any such access may require that you obtain Internet access, and that you accept additional terms from those third parties.
Location: Location data provided by the App or the Service is solely for identifying the electoral districts in which you reside to connect you with candidates and elected officials and other users in such districts. Neither TruPolitics, nor any of its providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data.
Proprietary Content: You agree that the Service may contain proprietary content, information and materials that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other individual, company or organization, and that TruPolitics is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service.
Access Limitations: In addition, material that may be accessed from, displayed on or linked to from your device while using the App or the Service are not available in all languages or in all countries. TruPolitics makes no representation that the App or the Service are appropriate or available for use in any particular location. TruPolitics, and its Partners reserve the right to change, suspend, remove, limit or disable access to the Service, or to revoke or disable use of the App, at any time without notice or liability.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND THE SERVICE 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, THE APP AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRUPOLITICS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRUPOLITICS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR THE SERVICE, OR THAT THE APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRUPOLITICS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRUPOLITICS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, INJURY TO REPUTATION OR VIOLATION OF PRIVACY ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRUPOLITICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event will TruPolitics’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Other Legal Stuff: You may not use or otherwise export or re-export the App or use the Service except as authorized by United States law and the laws of the jurisdiction in which the App was obtained or from which you access the Service. You also agree that you will not use the App or the Service for any purposes prohibited by any applicable law. The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the App and the Service. You consent to jurisdiction and venue in the federal courts of the Eastern District of Texas, Plano Division, and if no federal jurisdiction exists, in the state courts of Collin County, Texas. Your use of the App and the Service may also be subject to other local, state, national, or international laws.