McCainSpace End User Terms of Use
Your use of this website is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), the Content Guidelines, as well as the privacy policy (“Privacy Policy”) apply to your use of the portions of this website on which links to such policies appear (the “Site”). Other portions of this site may be governed by different terms and conditions or policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the Site.
By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site.
Introduction
This Site is provided as an interactive and informational resource. It is provided to you by the owner of this site (“us” or “we” or “our” or “John McCain 2008”), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, KickApps Corporation, and their content providers, business partners, and other parties (collectively, “Service Provider”).
Because this site relates to the John McCain 2008 Campaign, several rules specific to political activity apply. John McCain 2008 reserves the right to modify, edit, delete, or change all content posted on all webpages, including McCainSpace personal pages and blog postings. John McCain 2008 also reserves the right to review all content (including text, pictures, or other materials) before posting on JohnMcCain.com.
John McCain 2008 does not allow any users to use profanity, threatening remarks, derogatory language, and other comments deemed by John McCain 2008, in its sole discretion, to be inappropriate for use on JohnMcCain.com, and reserves the right to immediately remove any and all content from McCainSpace personal pages and the blog should that content be deemed inappropriate or constitute a violation of other aspects of these Terms of Service.
John McCain 2008 allows foreign nationals, whether or not permanent U.S. residents, to obtain McCainSpace personal web pages. However, all foreign national users must comply with FEC laws and regulations, which disallow foreign nationals without permanent residency status (i.e. "Green Card" holders) to make, directly or indirectly, a donation to John McCain 2008.
Users may not register for a McCainSpace personal page using an email extension containing .gov or .mil addresses. In light of certain restrictions on political involvement that are applicable to many federal government employees and members of the armed services using .gov and .mil email addresses, John McCain 2008 is unable to approve requested sites using these addresses. Users who are federal government employees or members of the armed services should resubmit their request for a McCainSpace page using commercial, personal email accounts, and once established, should ensure that their political activities relating to their McCainSpace personal web page are conducted in compliance with all applicable rules of the appropriate federal government agency or military department.
John McCain 2008 does not allow users to promote commercial ventures or post links to commercial website on their McCainSpace personal pages or the blog.
Finally, John McCain 2008 does not allow children under the age of 14 to obtain a McCainSpace personal webpage.
Use of the Site
This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
The Site is for personal use only and may not be used in connection with any commercial endeavors. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.
By using the Site, you represent and warrant that you are 14 years of age or older. Your account may be terminated without warning, if we believe that you are under 14 years of age.
Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.
User Content
The Site may permits the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality or privacy with respect to any submissions.
You are solely responsible for User Content you submit and the consequences of our or our Service Provider’s posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or impersonate another person.
Our general suggestions relating to how to post proper, acceptable content are found in the Content Guidelines. At the risk of being redundant (the lawyers made us do it) You also agree not to post, email, or otherwise make available any code or Content that:
Additionally, you agree not to:
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We and our Service Provider may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Note to Content Owners: John McCain 2008 and our Service provider respect the Intellectual Property Rights of others. We do not, however, independently confirm that all Content made available on the site through the Service is provided by a valid rights holder. If you believe that your work has been copied or published in a way that constitutes copyright infringement, please provide our Service Provider’s Copyright Agent (as defined below) the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located or found on the website or Service;
(d) your address, telephone number, and email address;
(e) 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;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Service Provider’s agent for notice of claims of copyright infringement ("Copyright Agent") can be reached as follows:
Goodwin Procter LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018-1405
Attention: Jacqueline Klosek
With a copy to:
Kick Apps Corporation
29 W. 38th Street – 5th Floor
New York, NY 10018
Attention: DMCA Agent
Indemnity
You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Hold Harmless of Service Provider
Technology and hosting for aspects of this website are provided by KickApps Corporation, a Third Party Application Service Provider ("Service Provider"). However, "McCainSpace" controls the content, membership and policy of this website, including those pages served by the Service Provider on behalf of this website. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless the Service Provider on all matters related to your participation with this website and interaction with others using this website. As such, the Service Provider is a third party beneficiary to your agreement with this website; such agreement with this website is defined above.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.
You agree that We and our Service Provider are not responsible for any loss or damage incurred as the result of Your use of the site or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), We and our service Provider are under no obligation to become involved.
You release John McCain 2008, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) use of the site.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
These Terms of Use are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Alexandria in the Commonwealth of Virginia. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Additional Privacy Related Matters Specific to McCainSpace
Our Service Provider’s policies with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you when using the Site is available at http://www.kickapps.com/legal/privacy-policy.html.
Your Choices
You can use the Site without providing any Personal Data, however, you may not be able to use certain services.
Exclusions
Our Privacy Policy shall not apply to any unsolicited information you provide to us through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content as that term is defined in our Terms of Use. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through this Site.
Children
We do not knowingly collect Personal Data from children under the age of 14. If you are under fourteen, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to instruct their children to never provide Personal Data on any site without their permission. If you have reason to believe that a child under the age of 14 has provided Personal Data to us through this Site, please contact us, and we will endeavor to delete that information from our databases.
Links to Other WebSites
Our Privacy Policy applies only to the Site. The Site may frame or contain references or links to other websites not operated or controlled by Service Provider (the “Third Party Sites”). Our policies and procedures do not apply to the Third Party Sites. The links from the Site do not imply our Service review or endorsement of the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Security
We take reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to anyone via the Internet.
Access to Information; Contacting Us
Through the Site, we provide you with access to update your profile and revise Personal Data previously submitted to the Site.
You may contact us in the event you have questions about Service this Privacy Policy or our information practices.
You may contact our Service Provider at the contact details set forth above in our Terms of Use.
Hold Harmless of Service Provider
Technology and hosting for aspects of this website are provided by KickApps Corporation, a Third Party Application Service Provider ("Service Provider"). However, "McCainSpace" controls the content, membership and policy of this website, including those pages served by the Service Provider on behalf of this website. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this website and participation with this website, including your representation that you are at least thirteen years old. As such, the Service Provider is a third party beneficiary to your agreement with this website; such agreement with this website is defined above.