Welcome to VoteGopher.com. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms "VoteGopher.com," "VoteGopher," and "Vote Gopher" or "us" or "we" or "our" refers to Will Ruben Media, LLC, the owner of the Web site and a Delaware Limited Liability Corporation. The term "you" refers to the user or viewer of our Web Site. The VoteGopher.com Web Site (the "Web Site," "Site," or "VoteGopher.com") is provided by Will Ruben Media, LLC. ("Ruben Media") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions" and "Agreement"), and the rules that may be published from time to time by VoteGopher.
1. Acceptance of Agreement.
By using this site, you are deemed to have agreed to these terms and conditions of use. VoteGopher may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on VoteGopher.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
2. User Conduct and Terms of Submissions
This Web Site and any communications service, including the capability to contribute material (including videos, articles, blog postings, quotes, user-submitted summary additions, etc.) through the contribution form (each such submission, a "Contribution," "Contributions," or "Content"), discussion board, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. YOU USE AND RELY ON ANY CONTENT POSTED ON THE SITE AT YOUR OWN RISK. By using the Web Site and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, VoteGopher reserves the right to terminate your subscription and refuse any and all current or future use of the Services. We also do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, articles, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
* "Stalk" another;
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, a VoteGopher official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
* Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
* Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
* 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; or
* Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that VoteGopher is not responsible for material submitted to VoteGopher or posted to the Web Site by users. VoteGopher does not pre-screen, monitor, review or edit the Content posted by users - although we reserve the right to do so. However, VoteGopher and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in VoteGopher's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. VoteGopher is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to VoteGopher. You agree to immediately notify VoteGopher of any unauthorized use of the Service or any other breach of security known or suspected by you.
You warrant and represent that the material you submit to the website is original to you and does not infringe the copyrights, any right of privacy or publicity, or any other proprietary rights of any third party.
You further understand and agree that you waive all claims and release and discharge all claims, including any claims in copyright, publicity or privacy, that I may have currently or that may arise at any time in the future, against Ruben Media and its employees, agents, representatives, members, affiliates, assigns or third-parties acting on behalf of Ruben Media in connection with the use of the contributions posted and used on the Website. You hereby waive any and all rights of inspection, input, control, editing and approval to the use of your Contributions by Ruben Media at its sole discretion, to the extent this waiver is permitted by law.
You acknowledge and agree that VoteGopher may preserve Contributions and may also disclose Contributions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VoteGopher, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. VoteGopher assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to VoteGopher.com.
Any or all Content on the Web Site may be purged periodically in VoteGopher's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by VoteGopher or submitted to VoteGopher, including content and summaries prepared by our writers or Submissions by users. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of VoteGopher, and VoteGopher does not support or endorse Content (including any Contribution, whether or not edited by VoteGopher or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web Site.
3. Unsolicited Materials
In operating this site, VoteGopher does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or Vote Gopher mail and e-mail addresses, or in any other way. Any information or material submitted or sent to VoteGopher, will be deemed not to be confidential or secret. By submitting or sending information or other material to VoteGopher you represent and warrant that the information is original to you and that no other party has any rights to the material.
4. User's Grant Of Limited License
By communicating with VoteGopher, including submitting or sending personal information, Content, a Contribution or other information or material to VoteGopher.com, you grant VoteGopher the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a VoteGopher feature, position summary, or summary. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to VoteGopher.
You also warrant that any "moral rights" in posted materials have been waived.
5. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information, registration information, and Submissions provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright (now and in the future).
6. Linked Sites
Through your submissions, you are able to link to third parties' Web Sites ("Linked Sites") from the VoteGopher Web Site. Linked Sites are not, however, reviewed, controlled, or examined by VoteGopher in any way - although we reserve the right to do so. VoteGopher is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply VoteGopher's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall VoteGopher be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. VoteGopher reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to VoteGopher.com. To seek our permission, you may write to VoteGopher. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
7. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
8. Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Will Ruben Media, LLC and its affiliates or licensors. "VoteGopher.com"SM, "VoteGopher"SM, and gopher designs contained throughout the site are service marks of Will Ruben Media, LLC.
As between Will Ruben Media, LLC and you, Will Ruben Media, LLC is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
9. Parental Permission
This Web Site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. VoteGopher may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and VoteGopher may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
10. Privacy Policy
We take the your privacy seriously and have explained the steps we take to do so. OUR PRIVACY POLICY IS AVAILABLE ON OUR WEBSITE. Our Privacy Policy is incorporated into, a part of, and governed by these Terms. By using the Site, you are consenting to have your personal data transferred to, used, and processed in the United States in accordance with our Privacy Policy.
11. Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, VOTEGOPHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. VOTEGOPHER DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
VOTEGOPHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT VOTEGOPHER OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Limitation Of Liability
IN NO EVENT WILL VOTEGOPHER AND WILL RUBEN MEDIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF VOTEGOPHER, WILL RUBEN MEDIA, LLC, OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. 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, VOTE GOPHER'S (AND RUBEN MEDIA'S) LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Indemnification
Upon a request by Ruben Media, you agree to defend, indemnify and hold Ruben Media, VoteGopher, affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Ruben Media 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 VoteGopher in asserting any available defense.
Copyrights And Copyright Agent
We require that the people who use the VoteGopher.com Web Site respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your username, address, telephone number, and e-mail address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree that the laws of the State of New York, without giving effect to conflict of laws rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with VoteGopher or relating in any way to your use of the Web Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving VoteGopher or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. We do not represent that materials on the site are appropriate or available for use outside of the State of New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to contactus@votegopher.com.
14. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
15. Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. VoteGopher may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
