Political Social Media, LLC (“Political Social Media” “we,” or “us”) operates the Political Social Media RumbleUp mobile app and related website (the “Service”). By using or downloading the Service in any way, you accept these Terms of Service (“Agreement”). If you do not agree to all of the terms and conditions of this Agreement, do not use or access the Service.
Please note that this Agreement includes a class-action waiver and a waiver of jury trials.
1. Who May Use the Service
You must be at least 13 years old to use the Service. Use is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. License to Use the Service
Political Social Media grants you a limited, non-exclusive license to download, access and use the Service for your own personal purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Political Social Media in writing, you may not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service. Nor will you take any measures to interfere with or damage the Service. Unless otherwise indicated, the Service, including logos, designs, texts, graphics, pictures, data, software, and other files are the property of Political Social Media, its licensors, or users, and are protected by law. All rights not expressly granted by Political Social Media are reserved.
Additionally, you will not attempt to use our Services to access or allow access to emergency services, including any kind of service that connects you to emergency services personnel or public safety answering points, such as 9-1-1.
To use the Service, you must register an account with Political Social Media. If you use your Facebook login to register your account, you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Political Social Media users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Political Social Media users in your network or geolocation.
You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to take all reasonable precautions to prevent unauthorized access to, or use of, our Services, and agree to immediately notify Political Social Media of any unauthorized use of your account, or any other breach of security. Political Social Media is not liable for any loss or damage arising from: (a) your failure to protect your username or password, or (b) unauthorized use of your account. As between Political Social Media and you, you are also solely responsible for all use and for all acts and omissions of anyone authorized by you to access to the Service (“End Users”).
5. Licenses Granted by You
You grant Political Social Media and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from any content that you upload to or transmit through the Service (your “Content”). In addition, you waive any so-called “moral rights” in your content. You further grant all users of the Service permission to view your content for their personal purposes. If you make suggestions to Political Social Media on improving or adding new features to the Service, Political Social Media shall have the right to use your suggestions in any manner and for any purpose, without any compensation to you.
6. Code of Conduct; Prohibited Activities
In using the Service, you must behave in a civil and respectful manner at all times. When using the Service, you will adhere to the requirements set forth in the RumbleUp Acceptable Use Policy available at http://www.rumbleup.com/usepolicy (the “Acceptable Use Policy”). The Acceptable Use Policy is incorporated by reference into this Agreement.
Political Social Media does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any user content posted on the Service. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, remove, or move user content posted on the Service. Political Social Media has no obligation to retain or provide you with copies of your Content, nor does Political Social Media guarantee any confidentiality with respect to your Content. Political Social Media has the right (but not the obligation), at our sole discretion, to refuse to publish, remove, or block access to any user content, at any time and for any reason, with or without notice.
7. Term and Termination; Account Deletion
This Agreement begins on the date you first use the Service and continues until terminated in accordance with the provisions hereof.
Political Social Media may suspend, disable, or delete your account (or any part thereof) if Political Social Media determines, in its sole discretion, that (a) you have violated any provision of this Agreement or the Acceptable Use Policy; (b) that your conduct or content would tend to damage Political Social Media’s reputation or goodwill; or (c) providing the Services or any portion thereof is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to provide our Services. If Political Social Media deletes your account for any of the foregoing reasons, you may not re-register under a different name.
Upon termination of this Agreement, all licenses granted by Political Social Media will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Political Social Media shall not be responsible for the loss of any such content.
8. Disclaimers; Limitation of Liability
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
Limitation of Liability
9. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other users. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Political Social Media or to any other user. If information provided to Political Social Media, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations, including privacy and data protection laws and applicable rules established by the Federal Communications Commission.
To the extent you include in your public profile or elsewhere on any public area of the Service, or otherwise provide to any other user, any telephone numbers, street addresses, last names, URLs, email addresses, or other information from which you may be identified and/or located, you do so at your own risk and you acknowledge and agree that we shall have no liability or obligation with respect to any third party use of the same.
10. Your Representations and Warranties
For any and all Content that you submit, you represent and warrant that: (a) you have the right to submit the content to the Service and grant the licenses set forth above; (b) Political Social Media will not need to obtain licenses from any third party or pay royalties to any third party; (c) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (d) the Content complies with this Agreement and all applicable laws; and (e) you will adhere to the Acceptable Use Policy.
You will indemnify, defend, and hold harmless Political Social Media and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (a) arise from your use, or End User’s use of, and activities on the Service; (b) assert a violation by you, or End User, of any term of this Agreement or the Acceptable Use Policy; or (c) assert that any content you, or End User, submitted to the Service violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights Copyright Policy
Political Social Media respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Service do not infringe any third party copyright.
Political Social Media will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Political Social Media may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
Offline: Political Social Media’s Copyright Agent (see below)
If you believe that your material has been removed by mistake or misidentification, please provide Political Social Media with a written counter-notification containing the following information:
You may submit this information via:
Offline: Political Social Media’s Copyright Agent (see below)
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Political Social Media’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Political Social Media’s Copyright Agent:
Political Social Media, LLC Attn: Copyright Agent 2021 L ST NW STE 101-220 Washington, DC 20037 United States Email: email@example.com
You may send non-copyright complaints to:
Political Social Media, LLC Complaints Department 2021 L ST NW STE 101-220 Washington, DC 20037 United States Email: firstname.lastname@example.org
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Service must be commenced in the state or federal courts located in Delaware, United States of America (and you consent to the jurisdiction of those courts). IN ANY SUCH ACTION, POLITICAL SOCIAL MEDIA AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. ADDITIONALLY, BOTH YOU AND POLITICAL SOCIAL MEDIA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
EXPORT CONTROLS: Our Services, including any software we may provide in connection with those Services, may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving our Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Services, and to the extent consistent with this Agreement, to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of the Services. These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer any such software or other aspect of our Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of our software and Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Political Social Media in exercising any right hereunder will waive any further exercise of that right. Political Social Media’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Political Social Media’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Political Social Media electronically. Political Social Media may provide all such communications by email or by posting them on the Service. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at email@example.com or the following address:
Political Social Media, LLC Legal Department 2021 L ST NW STE 101-220 Washington, DC 20037 United States
Nothing herein shall limit Political Social Media’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
The terms of this Agreement may be modified at any time, for any reason, and at our sole discretion. You should review this Agreement periodically to be aware of and understand any changes. A revised version of this Agreement will be effective as of the date it is posted. Notwithstanding the foregoing, in the event we make a material change to this Agreement, we will provide you with notice of such change by posting a notice on our website, after which your access and use of the Service shall be subject to the updated version of this Agreement. This Agreement constitutes the entire understanding between Political Social Media and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.