Terms of Service for the BlockPower Platform
Effective Date: January 1, 2020
The BlockPower.vote and BlockPower.us websites and mobile app (“BlockPower Platform”) are operated by Energize Voters LLC (“Energize Voters”), a limited-liability corporation organized under the laws of Washington, DC. These Terms of Service (“Terms”) apply to your access and use of the websites, mobile sites, and other online services that link to these Terms and are operated by Energize Voters.
We may change or modify any of the terms and conditions contained in the Terms at any time. Any changes or modifications will be effective immediately upon posting of the revisions on the BlockPower.vote website. Your continued use of the BlockPower Platform following the posting of changes or modifications will constitute your acceptance of such changes or modifications.
By opening an account or otherwise using the BlockPower Platform, you agree to the following:
- You are a minimum of 13 years old and of legal age to make use of the the BlockPower Platform’s services in your state.
- Your use of or access to the BlockPower Platform will at all times comply with all applicable laws and regulations.
- You are fully responsible for (i) the security of data on your devices, websites, or otherwise in your possession or control, (ii) maintaining the confidentiality and security of all security and access information used by you, or anyone you authorize on your behalf, to access the BlockPower Platform, and (iii) preventing unauthorized access to or use of the information, files, or data that you store or use in or with the BlockPower Platform. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security, and use of any personal information collected by you directly from others or otherwise obtained from any third party, and to immediately notify Energize Voters if you become aware of any loss, theft, or unauthorized use of the BlockPower Platform.
Prohibited Content and Activities
You may not access or use the BlockPower Platform to take any direct or indirect action that could harm Energize Voters or any person or entity, interfere with the operation of the BlockPower Platform, or use the BlockPower Platform in a manner that violates any laws. For example, and without limitation, you may not, nor permit any third party to:
- Impersonate any person or otherwise misrepresent your credentials or affiliation, or input any information into the BlockPower Platform you are not lawfully entitled to possess.
- Obtain or attempt to gain unauthorized access to computer systems, materials, information, or any services available on or through the BlockPower Platform; attempt to interfere with the proper working of the BlockPower Platform; breach the security of any system, device, or network; circumvent, reverse engineer, decompile, decode, disassemble, decrypt, attempt to obtain the source code of any component of the BlockPower Platform, or otherwise alter or interfere with any of the software making up any part of the BlockPower Platform; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the BlockPower Platform, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network using any viruses, corrupted data, or other harmful, disruptive, or destructive files.
- Engage in any unauthorized spidering, “scraping,” or harvesting of content or information from the BlockPower Platform, or use any other unauthorized means to compile information.
- Engage in any other conduct that restricts or inhibits any third party from using or enjoying the BlockPower Platform or that, in our sole judgment, exposes us or any of our users or any other third party to any liability, damages, or detriment of any type.
- Provide information in the BlockPower Platform about Vote Triplers and/or Triplees that is not true to the best of your knowledge.
- Use the BlockPower Platform or data provided via the BlockPower Platform in any way in furtherance of criminal, fraudulent, or other unlawful activity, or engage in, encourage or promote any activity that violates these Terms.
You are responsible for protecting the security of your account and any information you input into the BlockPower Platform. Violations of system or network security may be subject to civil or criminal liability. We may investigate and work with law-enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the BlockPower Platform for any or no reason at any time without notice.
Service Availability and Use of the BlockPower Platform
- The BlockPower Platform is intended for use only in the United States. You may not access or use the BlockPower Platform from any other country or territory.
- The total amount, categories and file types of information you can upload to the BlockPower Platform may be limite
- In addition, any of the tools or services we offer in the BlockPower Platform may be limited to specific geographic regions. We may also limit the geographic range in which you are permitted to use the BlockPower Platform.
- We make no representations as to the availability of the BlockPower Platform or your network that permits you to access the BlockPower Platform at any tim
- While we strive to make the BlockPower Platform available during the hours when you are likely to use it, we may take the BlockPower Platform offline at any time to maintain or improve our services or for any other reason, whether intended by us or due to errors or actions by third parties.
- You acknowledge that the information you input, upload, or submit to the BlockPower Platform may be accessible by Energize Voters, our service providers, and other third parties in order to provide the BlockPower Platform services and to derive aggregate or statistical information to measure and model the use of our services, as well as voter engagement and participation.
- You are solely responsible for your use of the BlockPower Platform, and you use it at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the BlockPower Platform any content that would violate these Terms, including, without limitation, any of the following:
- Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive or misleading;
- Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law; or
- Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
Energize Voters takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although Energize Voters has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen, or edit any content posted or stored on the BlockPower Platform at any time and for any or no reason without notice.
- If you believe that anything on the BlockPower Platform infringes upon any copyright that you own or control, please notify us by email at firstname.lastname@example.org providing the following information:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Energize Voters to find and identify that content;
- Your name, address, telephone number, and email address; and
- A statement by you that (a) you believe in good faith that the use of the content claimed to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, all of the information provided as detailed above is accurate, and you are either the copyright owner or a person authorized to act on their behalf.
- If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- As between you and Energize Voters, all content relating to the BlockPower Platform other than the information you input into the services is the property of Energize Voters (“Energize Voters Content”). You may access, use, download, and print copies of the Energize Voters Content only for non-commercial, informational, or personal use without modification or alteration in any way, and only so long as you comply with these Terms.
- Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, modify, create derivative works from, transmit, or in any way use or exploit any part of the Energize Voters Content, or remove or destroy any copyright notices, proprietary markings, or confidential legends placed upon or contained within the BlockPower Platform or any copies thereof, except that you may make use of the content for educational and non-commercial purposes only, provided you maintain all copyright and other notices posted along with the Energize Voters Content.
- All rights in product names, the Energize Voters or BlockPower.vote names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Energize Voters products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Energize Voters or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials except as permitted herein is expressly prohibited, and nothing stated or implied on the BlockPower Platform confers on you any license or right under any patent or trademark of Energize Voters or any other party.
Change or Termination
Energize Voters reserves the right to change or terminate the Terms, conditions, policies, and rules for any reason at any time and with immediate effect. Energize Voters reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the BlockPower Platform, with or without prior notice. Otherwise-applicable sections of the Terms shall survive termination. Energize Voters also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you will cease all use of the BlockPower Platform, including any Energize Voters Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ENERGIZE VOTERS AND ANY THIRD-PARTY SERVICES AND ANY DATA PROVIDED VIA THE BLOCKPOWER PLATFORM OR THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENERGIZE VOTERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO THE ACCURACY OR RELIABILITY OF THE ENERGIZE VOTERS CONTENT. ENERGIZE VOTERS DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES OR DATA PROVIDED VIA THE BLOCKPOWER PLATFORM OR THIRD-PARTY SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF OTHER HARMFUL COMPONENTS, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
Limitations of Liability
- UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL ENERGIZE VOTERS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF ENERGIZE VOTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
- WHERE APPLICABLE STATE LAWS DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You hereby agree to indemnify and hold Energize Voters harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the BlockPower Platform or breach of these Terms (collectively referred to as “Claims”). Energize Voters reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Energize Voters in the defense of any Claims.
- These Terms constitute the entire agreement of the parties, superseding all prior or contemporaneous communications or proposals (whether oral, written, or electronic) between the parties with respect to the subject matter hereof. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
- Energize Voters has the right to assign these Terms and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
- Use of the BlockPower Platform may be available through a compatible mobile device and/or may require Internet access and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider, if applicable.
Choice of Law and Venue
These Terms and all disputes or controversies arising out of or relating to these Terms or the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of Washington, DC without regard to conflict-of-law provisions. Any lawsuits, hearings, or other proceedings involving a dispute or claim between you and us that arises or relates to these Terms or the transactions contemplated hereby shall be venued exclusively in Washington, DC.
Please direct any questions, complaints, or claims related to the BlockPower Platform to email@example.com.