Effective August 1, 2012
GENERAL TERMS & CONDITIONS
These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at http://superpacapp.org ("Website") and/ or access, use or download the digital application ("Application") and any services offered in conjunction with the Application ("Services") as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs, ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks").
The Application is a digital application that facilitates the use of Services, which generally consists of a central audio recognition service that provides political ad identification, also called tagging, and other related services such as a description of who is producing and financing the ad, what claims the ad is making, how much money is being spent, etc. and, in some cases, access to related third party applications ("Third Party Applications") and websites ("Third Party Sites") that can be used in conjunction with the Application and/ or Services. The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Glassy Media LLC ("we", "us" and "our" as appropriate). We are a Delaware limited liability company. To contact us please email us at support [AT] glassymedia.com. If you wish to use our Website, the Application and/ or the Services (collectively referred to as "Super PAC App") you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Super PAC App.
IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE SUPER PAC APP. YOUR CONTINUED USE OF SUPER PAC APP (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE SUPER PAC APP ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.
We may change, suspend or discontinue any aspect of Super PAC App at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different license terms.
You agree not to misuse Super PAC App and, in particular, you agree that you will not: (i) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (ii) engage in any activity which adversely affects the ability of other people or systems to use the Super PAC App or the internet generally; (iii) cause any nuisance or cause the operation of Super PAC App to be jeopardized or impaired; (iv) distribute any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) modify, adapt, translate, or reverse engineer any portion of Super PAC App or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by us in an express license or by applicable law; or (vi) use the Super PAC App for any improper, unlawful or immoral purpose.
THIRD PARTY APPLICATIONS AND SERVICES
Super PAC App may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
INTELLECTUAL PROEPRTY RIGHTS OF OTHERS
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information ("Notice"): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at support [AT] glassymedia.com. Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed, (b) you have noticed any defamatory content published via Super PAC App or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.
LIMITATIONS ON YOUR USE OF SUPER PAC APP
You acknowledge that Super PAC App (and any other applications) licensed by us to you are our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Super PAC App or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of Super PAC App or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Super PAC App to any person. You agree to not use Super PAC App to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any system used on the Services; (ii) interfere with or disrupt Super PAC App or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other users of Super PAC App; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Super PAC App and/ or any Third Party Applications.
DISCLAIMER & LIMITATION OF LIABILITY
YOUR USE OF SUPER PAC APP IS AT YOUR SOLE RISK. SUPER PAC APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) SUPER PAC APP WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF SUPER PAC APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUPER PAC APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF SUPER PAC APP OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SUPER PAC APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
If, notwithstanding these Terms, we are found liable to you for any damage or loss which arises out of or in any way connected with your use of Super PAC App, our liability shall in no event exceed $15.00 U.S. dollars. Some jurisdictions do not allow limitations of liability so the foregoing may not apply to you.
You agree to defend, indemnify and hold harmless, Glassy Media LLC, its officers, members, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys fees) due to, arising out of or relating in any way to your use of Super PAC App.
CONTROLLING LAW & VENUE
This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the courts of the State of California, County of Los Angeles, and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
In general, we collect no information that personally identifies you. We automatically collect usage information that does not identify an individual user but allows us to collect information regarding how users access and use Super PAC App. For example, when you download and use Services, we automatically collect information on the type of device you use, operating system version, and possibly the device identifier. Additionally, we automatically collect information regarding the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to our Website. We use this information to analyze trends, administer our site and to enhance and update the Services.
Where we collect location-based information, we will generally do it on an anonymous basis for the improvement of our Services. You consent to our use of anonymous location-based services information collected from you. Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information. Depending on your version of Super PAC App and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information. Where this technology is used in conjunction with any Third Party Applications or Sites further information on usage policies and options management shall be available from such third parties. It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.
We cooperate with government and law enforcement officials to enforce and comply with the law. We may therefore disclose any information we gather, if we deem that it is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request; (b) enforce the Terms or the Services, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of Super PAC App, its users or the public as required or permitted by law.