Use of Voter Targeting Data
You understand that the Service uses data gathered from state voter registration records, and you expressly agree that:
- You will use the Service only for legally permitted political advertising purposes (which may include advertising related to elections for political candidates, ballot measures, and other political or public policy causes), and
- You will not use the Service for any commercial advertising purposes, including the sale or marketing of commercial goods or services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. The Company does not control the Content posted on or to the Site, and as such, we cannot guarantee the accuracy, integrity, or quality of such Content, including but not limited to any endorsements or comments. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site. Furthermore, the Content available on the Site may contain links to other websites, which are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
Unauthorized User Conduct
You agree to not use the Service or the Site to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post or otherwise transmit any Content that you do not have a legal right to transmit;
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, transmit, share, store or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise violate any applicable local, state, national or international law, rule or regulation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- "Stalk" or otherwise harass another individual or business;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Create or transmit unwanted e-mail or messaging ("Spam");
- Use any portion of the Site as a destination linked from any Spam;
- Solicit passwords or personally identifying information for unlawful purposes;
- Use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Service or the Site;
- Upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other party from using or enjoying the Site, or which may expose Company, its Users or any other party to any harm or liability of any type;
- Use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by Company, or "meta-searching");
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;
- Damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the Site; or
- Resell or redistribute the Site or any part thereof.
While we believe Users should be able to express themselves and their point of view, certain kinds of speech simply do not belong on the Site. Therefore, you may not post or share Content that:
- is obscene, pornographic, or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
- otherwise violates the RMSi Direct Advertising Guidelines
Unlawful or Harmful Content or Conduct
Content on the Site may be submitted and offered by other Users. Although we are not responsible for the Content of other Users, we want the Site to be a safe place on the Internet. Therefore, in using the Service, you may not:
- impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
- violate any applicable local, state, national or international law, rule or regulation, or post any Content that would encourage or provide instructions for a criminal offense
- use the Service to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- solicit passwords or personal information from anyone
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
- engage in any predatory or stalking conduct
Each time you submit Content to the Site you represent and warrant that you have the legal right to submit it, which means:
- you are the author of the Content, or
- the Content is not protected by copyright law, or
- you have express permission from the copyright owner to post the Content on the Site.
No Posting of Third-Party Copyrighted Content
The Service may allow you to upload and share User-generated Content, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share materials that you have a right to use. The Site is not intended as a place for you to post third-party copyrighted Content. In addition, we expect our Users to use good judgment and respect the copyrights and other intellectual property rights of others.
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or Service any Content that violate another person’s or entity’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing Content and terminate the accounts of repeat infringers as described therein in accordance with the Digital Millennium Copyright Act. If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy, which is incorporated by this reference, for more information on how to report infringement of your copyright.
Requirements for Placing Advertisements
With respect to any advertising Content you provide, you represent and warrant that:
- all advertising Content is accurate, complete and current;
- you have all necessary rights, power and authority to publish the advertising Content;
- the advertising Content, and any website listed or linked to or from the advertising Content:
- complies with all applicable laws, rules and regulations;
- does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
- does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
- does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
All Advertisements Are Posted By Other Users
All advertisements are posted by other Users, not by the Company. As a result, the Company has no control over the quality, safety, legality, truth, or accuracy of the advertisements. Accordingly, the Company is not responsible for the quality, safety, legality, truth, or accuracy of the advertising campaigns. You are and shall remain solely responsible for all Content you submit to or in connection with the Site. You are responsible for researching and complying with any applicable laws, regulations, or other restrictions that may pertain to advertising that you run or to other transactions in which you participate. The Company reserves the right to screen, refuse to post, remove or edit advertisements, or any other Content at any time and/or for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to screen or to monitor any Content posted by our Users. You are and shall remain solely responsible for all Content submitted to or in connection with the Site.
Registered User Account, Password, and Account Security
Before you may use the Service, you must read and accept all of the terms and conditions in, and linked to, this Agreement. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
User Content Posted on the Site
The Company does not claim ownership of Content you submit or make available for inclusion on the Site. You are solely responsible for the photos, text, information, music, video, advertisements, and other Content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other Users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Service. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
“RMSi Direct” and the Company's other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the respective providers of the Service in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to the Company by our Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You Are Responsible For Your Content
You are solely responsible for the creation, use, and content of your RMSi Direct Advertising Campaign and the URL you choose to be associated with your Advertising Campaign.
No Spam Policy
Violations and Remedies
Limitations on Service
You acknowledge that the Company may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right at any time to modify or discontinue the Service (or any part thereof), with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Access to the Service
You may create a hyperlink to the home page of the Company sites so long as the link does not portray the Company, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner. Use of the Service beyond the scope of authorized access granted to you by the Company immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain prior written consent from the Company.
Termination of Service
Company’s Proprietary Rights
You acknowledge and agree that the Site and Service, and any necessary software used in connection with the Service ("Software"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, distribute, or create derivative works based on the Service or the Software, in whole or in part, and you agree that any such derivative work belongs to the Company. Content displayed on or through the Site is also protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited without the Company's prior written consent. You further agree not to reproduce, duplicate, or copy Software or Content from the Site without the Company's prior written consent, and agree to abide by any and all copyright notices displayed on the Site. Although the Company does not claim ownership of Content that its Users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any area of the Site, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site and any other party, whether online or offline.
THE SITE, THE SERVICE, ANY SOFTWARE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIME BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE GENERATING THE LIABILITY, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site or with any other person or entity, or any violation of this Agreement or of any law or the rights of any third party.
No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Company password or account information), use of the Service, or access to the Service.
Modifications to the Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Definitions and Constructions
Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Abusing RMSi Direct
Effective: May 4, 2016