Terms of Service Agreement

U4Prez.com is a social networking website that allows Members to create political platforms online and to run a virtual campaign for President of the United States.  The purpose of the site is to engage in active political debate.  Each year a winner is selected based on the highest score, and winning weekly primaries.  The winner of the contest of course does not actually become President of the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the U4Prez website. By using the U4Prez website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the site) or you are a "Candidate" (which means that you have registered with U4Prez.com). The term "User" refers to a Visitor or a Member. You may only  use the site and services  if you agree to abide by all applicable laws and to this Agreement. This Agreement contains the U4prez policy for acceptable use of the site and Content posted on the U4Prez Website, your rights, obligations and restrictions regarding your use of the site and U4Prez.com's Privacy Policy. In order to participate in certain U4Prez Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the U4prez site in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@u4prez.com Subject: Terms of Use Agreement.

U4prez.com may modify this Agreement from time to time and such modification shall be effective upon posting by us on the  site. You agree to be bound to any changes to this Agreement when you use the site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on U4Prez.com and that you provide to other Users. Your U4Prez.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other U4Prez.com Members  may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and U4Prez.com assumes no responsibility or liability for this material.

U4Prez.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the U4Prez site at any time, for any or no reason, with or without prior notice, and without liability.  U4Prez expressly reserves the right to remove your profile, platform or other information and/or restrict, suspend, or terminate your access to any part of the site if we determine, in our sole discretion, that you pose a threat to U4Prez.com and/or its Users.

  1. Eligibility. Use of and Membership in the U4prez site is void where prohibited. By using the U4prez.com website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the U4prez website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the U4prez site or are a Member.  U4Prez.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
  3. Fees. You acknowledge that U4Prez.com reserves the right to charge for the site and to change its fees from time to time in its discretion. If U4Prez.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member or  Candidate, you will also be asked to choose a password. You are  responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify U4prez.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The U4Prez.com site is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by U4Prez.com. Illegal and/or unauthorized use of the site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the U4Prez.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the U4Prez website.
  6. Proprietary Rights in Content on U4Prez.com.
    1. U4Prez.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials ( that you post to the U4Prez.com site. After posting your content to the site, you still retain all ownership rights, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the U4Prez site , you hereby grant to U4Prez.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the U4Prez site and related services.

      You represent and warrant that: (i) you own the content posted by you on or through the U4Prez site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the U4Prez site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the U4Prez.com website.

      The U4Prez website contains Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the U4Prez site.
  1. Content Posted.
    1. U4Prez.com may delete any Content that in the sole judgment of U4Prez.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. U4Prez.com assumes no responsibility for monitoring the site for inappropriate content or conduct. If at any time U4Prez.com chooses, in its sole discretion, to monitor the site, U4Prez nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the U4Prez.com sites or services, and any material or information that you transmit to other Members and for your interactions with other Users. U4Prez.com does not endorse and has no control over the Content. Content is not necessarily reviewed by U4Prez.com prior to posting and does not necessarily reflect the opinions or policies of U4Prez.com. U4Prez.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  2. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the U4Prez site. U4Prez.com reserves the right to investigate and take appropriate legal action against anyone who, in U4Prez.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the U4Prez.com software and services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of U4Prez.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

    The following is a partial list of the kind of activity that is illegal or prohibited on the U4Prez.com website and through your use of the site. U4Prez.com reserves the right to investigate and take appropriate legal action against anyone who, in U4Prez.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the site. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the U4Prez.com site in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, U4Prez.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which U4Prez.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the U4Prez Services, you acknowledge that you will have caused substantial harm to U4Prez.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay U4Prez.com $50 for each such unsolicited email or other unsolicited communication you send through the U4Prez.com services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any U4Prez.com page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the U4Prez.com webiste or the networks or services connected to the U4Prez websites;
    6. attempting to impersonate another Member or person;
    7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    8. selling or otherwise transferring your profile;
    9. using any information obtained from the U4Prez.com site in order to harass, abuse, or harm another person;
    10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose , or sending private messages with a commercial purpose; or
    11. using the U4Prez.com site in a manner inconsistent with any and all applicable laws and regulations. 
  3. Member Disputes. You are solely responsible for your interactions with other U4prez.com Members. U4prez.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  4. Disclaimers. U4prez.com is not responsible for any incorrect or inaccurate Content posted on the site or in connection with the U4prez services attached to the site, whether caused by Users of the U4prez.com site or by any of the equipment or programming associated with or utilized in the U4prez site. Profiles and platforms created and posted by Members of the U4prez.com Website may contain links to other websites. U4prez.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the site does not imply approval or endorsement of the linked website by U4prez.com. When you access these third-party sites, you do so at your own risk. U4prez.com takes no responsibility for third party advertisements which are posted on U4prez.com , nor does it take any responsibility for the goods or services provided by its advertisers.  Under no circumstances shall U4prez.com be responsible for any loss or damage, including personal injury or death, resulting from use of the U4prez.com website, or from the conduct of any Users of U4prez.com, whether online or offline. The U4prez.com site and associated services are provided "AS-IS" and as available and U4prez.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. U4prez.com cannot guarantee and does not promise any specific results from use of the site, or the virtual election contest.
  5. Limitation on Liability. IN NO EVENT SHALL U4prez.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF U4PREZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, U4PREZ.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO U4PREZ.COM DURING THE TERM OF MEMBERSHIP.
  6.  Downloading or using the Software is at your sole risk.
  7. Disputes. If there is any dispute about or involving the U4Prez.com site, you agree that the dispute shall be governed by the laws of the State of Ohio, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Ohio.
  8. Indemnity. You agree to indemnify and hold U4Prez.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the U4Prez site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the U4Prez Website or through the U4Prez Services causes U4Prez.com to be liable to another.
  9. Other. This Agreement is accepted upon your use of the U4Prez Website or any of the U4Prez Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and U4Prez.com regarding the use of the U4Prez Services. The failure of U4Prez.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. U4Prez.com is a copy right of Best and Brightest inc. and Intralink. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
 
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