Restriction to U.S. Users and Clients
This Site is also intended solely for Users who are or who represent a U.S. person or company. In no event may this Site be used to plan or launch any Advertising Campaign (as defined below) on behalf of any “foreign principal” as defined in the Foreign Agents Registration Act of 1938, as amended (“FARA”). The term “foreign principal,” as defined in Section 1(b) of FARA, includes a foreign government, foreign political party, foreign organization, foreign individual, and for purposes of this Site, includes any organization or individual any of whose activities are directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in major part by a foreign government, foreign political party, foreign organization or foreign individual. By using this Site, you represent and warrant that you will not use the Site in any way for the benefit of a foreign principal, including planning or launching an Advertising Campaign for a foreign principal.
The Site provides Users the ability to plan and launch advertising campaigns ("Advertising Campaigns") to promote candidates, ballot measures, and other political or public policy causes. All Advertising Campaigns and transactions conducted in connection therewith are subject to and governed by our Advertising Guidelines which are incorporated by this reference.
Use of Voter Targeting Data
You understand that the Service uses data gathered from state voter registration records, and you expressly agree that:
Custom List Uploader
If you use the Custom List Uploader to upload a list for custom matching (“Custom List”), you expressly that:
You understand that you are solely responsible for all creative, data, or other information or materials you upload to the Site or transmit using or in connection with the Service or the Site in any way (including in connection with any Advertising Campaigns)(collectively, "Content"). 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, including in the performance of any Service. You hereby grant, and represent and warrant that you have the right to grant, to the Company a non-exclusive license to use, copy, display, and distribute, and to prepare derivative works of, or incorporate into other works, any Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing, to allow us to perform Services for you, including performing any custom list match and Advertising Campaign services.
You agree not to use the Service or the Site to upload or otherwise transmit any Content that:
Requirements for Placing Advertisements
With respect to any advertising Content you provide, you further represent and warrant that:
You are solely responsible for complying with any applicable Laws or other restrictions that may pertain to any Advertising Campaign you run using the Site or the Service., including the URL you choose to be associated with your Advertising Campaign. Advertising content will be subject to acceptance by us, but as between you and us, you will remain solely responsible for all Content that you supply or otherwise approve or that complies with your specifications or directions, and you agree to hold us harmless with respect to any claims relating to any such Content.
Registered User Account, Password, and Account Security
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 will not be liable for any loss or damage arising from your failure to comply with these provisions.
Unauthorized User Conduct
You agree to not use the Service or the Site to do any of the following:
"CampaignGrid" and “CampaignGrid 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.
We respect the intellectual property rights of others and we prohibit Users from uploading 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.
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 Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You acknowledge that the Company reserves the right at any time to modify or discontinue the Site or 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.
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 attempt to modify the Software in any manner or form and agree not to attempt to access the Service by any means other than through the interface that is provided by the Company. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code. Without limiting the foregoing, except to the extent the Company express agrees otherwise in writing, 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.
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, Site availability 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 Site or 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 any interactions between Users of the Site and any other party, whether online or offline.
THE SITE AND THE SERVICE, INCLUDING ANY SOFTWARE AND ANY INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH THE SERVICE, ARE PROVIDED "AS-IS" AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE, WE MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE RESULTS OF ANY ADVERTISING CAMPAIGN OR THE AVAILABILITY OF ANY INTERNET PROPERTIES FOR THE DISPLAY OF ADVERTISING MATERIAL. WE ARE NOT RESPONSIBLE FOR ANY ADVERTISEMENTS OR CONTENT PROVIDED HEREUNDER OR IN CONNECTION WITH THE SERVICE, OR FOR ANY WEBSITE THAT CAN BE LINKED TO OR FROM AN ADVERTISEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE, OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE (INCLUDING ANY SOFTWARE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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 (i) any User Content you upload to or transmit using the Site or the Service, (ii) your use of the Service or the Site and (iii) any violation of this Agreement, any Laws or the rights of any third party.
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 THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE OR THE SITE, INCLUDING ANY ADVERTISING CAMPAIGN.
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
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.
Effective: February 1, 2018
Audience Partners, LLC All rights reserved.
Voter-targeted digital advertising products and services are protected by U.S. Patent Nos. 9,092,805, 8,763,033 and other U.S. and foreign patents pending.