TERMS & CONDITIONS
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, including our social networking services and the Site itself;
“Site” refers to our website, www.volkalize.com;
“User” refers to registered users of our Site, people who interact with our Site, and general visitors to our Site;
“Volkalize” refers to our company, known as “Volkalize, LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“You” refers to you, the person who is entering into this Agreement with Volkalize.
3. What Volkalize Does
Volkalize is a political, social networking website that integrates politics with popular culture. Anyone can use the Site, but we target people interested in sharing their ideologies about political topics on the Internet. The Site acts like a social networking forum, where Users can engage in topic-oriented political discussions, like comments, follow/friend other Users, message each other directly, view individual User’s activities, and share their discussions/comments on other social networking platforms such as Facebook, Twitter, LinkedIn, YouTube, Flicker, Google Plus, and others.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Volkalize, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must not have previously created any other profile with Volkalize, unless you receive prior permission from us to create a subsequent profile.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must provide us with accurate information when prompted to do so (fake profiles, such as those using a pseudonym or the identity of another person, are not permitted).
5. Nature of Service
Volkalize acts as a medium for Users to discuss politics and other issues. The views expressed on Volkalize do not necessarily represent those of Volkalize, and Users may be offended or even harmed by the writings of other Users. Although infringing on the legal rights of others (such as by committing defamation or uttering threats) is prohibited by this Agreement, Volkalize does not have the ability to ensure that such occurrences are stopped pre-emptively by Volkalize. Therefore, you acknowledge that there may be an inherent risk involved in participating in Volkalize’s Service, and you agree to release Volkalize from any liability that it might otherwise have towards you for any losses, physical, emotional, financial, or otherwise.
6. Rules of Use
Certain rules apply when using our Service. You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement or the Service provided hereunder, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Volkalize or its delegates. Charged political debates are acceptable, however any speech which harms the rights of others is unacceptable.
- Defraud or attempt to defraud anyone.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Volkalize Site, Service, or its Users’ computers.
- Do anything else which a reasonable person would believe might bring Volkalize into disrepute or infringes on the rights of Volkalize, any of its Users, or any third party.
7. Editorial Control
Volkalize may choose for any reason whatsoever without explanation to edit, delete, append, or otherwise modify or censor any content, including but not limited to comments, which is uploaded to Volkalize by a User. Although we reserve the right to do this, you agree that we are not obligated to do so, and that any exercise of our rights as an editor does not waive any available defenses, excuses, or other immunities, including those provided by the First Amendment to the Constitution of the United States of America, and 47 USC § 230.
For various reasons, including reasons related to security, legal compliance or investigations, technical issues, and other reasons, all or some of Volkalize’s Service may become unavailable. You agree that we are not liable for any losses which are incurred as a result of any downtime, even if we anticipate that such downtime will occur and do not inform you of that fact prior to its occurrence.
9. Sale of Information
Volkalize is a free Service. In order to sustain itself it engages in certain commercial activities which, among other things, includes the sale of advertisements and marketing information about its Users. You agree that we may collect and aggregate data relating to User activities’, habits, political ideologies, and other attributes, and transfer it to third parties for commercial and non-commercial purposes without further warning to you. If you object to the sharing of such information, you are free to withhold it from us to the extent that it does not involve providing us with inaccurate information (for example, if we make choosing your political ideology optional, you may choose to refuse to answer, but if make choosing it mandatory, you must provide us with a truthful answer).
10. Corporate Information
5414 Oberlin Drive
San Diego, California
11. Our Copyright
Volkalize, as a content-based business, relies heavily on the ability to distinguish its Site from competing social networks and related businesses in order to remain relevant as a service. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content posted by other Users which has been licensed to us (unless such Users have given you specific permission to copy that content), without receiving our prior written permission. If we offer a feature which permits you to share content via an API, you are hereby deemed to have our prior written permission to engage in such sharing.
12. Your Copyright
Volkalize permits Users to upload content which may, but does not necessarily, have a copyright subsisting in it. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Volkalize” is a trademark used by us, Volkalize, LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own social networking service.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
16. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act (47 USC § 230)—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice that such words have been posted and are defamatory, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at Jordan.firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within a small claims court within the State of California (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
If you cannot bring a dispute in the Small Claims Court because you have already brought two claims within that court in the same year, you agree to either a) Bring the dispute against us in the Small Claims Court in the next year or b) If the limitation period would bar your claim by waiting until the next year, bring the claim in a higher court and compensate Volkalize for any increased attorneys’ fees, court costs, and disbursements that would not have been incurred had you brought the claim within the Small Claims Court.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Volkalize shall have the sole right to elect which provision remains in force.
Volkalize reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to notify you that there has been a change. If you do not agree to the changes, you must cease using our Service immediately.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Volkalize must be addressed to our agent for notice and sent via certified mail to: Volkalize, LLC, 5414 Oberlin Drive, San Diego, California, 92121, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: April 30, 2013