Legal

Legal


 

LEGAL TERMS & POLICIES

By accessing (which includes browsing and any use, by the employment of any device or by any means), www.electful.com, or its associated websites, all of which sites are known collectively and/or individually in these Terms as the "Website," you are agreeing to be legally bound by these terms as modified from time to time ("Terms").  Electful.com reserves the right to make any changes to the Terms at any time.  

Before using the Website it is your responsibility to read the Privacy Policy and to notify us in the manner set out in the Policy if you do not want us to collect information about you, and to reject any cookies in the manner set out therein.

Fair Use Notice

This Website may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. If Electful.com makes such materials available to its readers, it is to further its effort to advance the understanding of current political topics and election issues.  Electful.com believes that any such posting of copyrighted material on its Website constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, any copyrighted material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. A click on a hyperlink is a request for information.

Consistent with this notice, you are welcome to make ‘fair use’ of anything you find on this web site. However, if you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

Disclaimer

Electful.com obtains the content on its Website from a variety of sources, which includes facts, views, opinion and information which may be of interest to users of the Website.  The content should only be used for your general information and use and not by way of specific recommendation or advice.  Before taking any action or decision based in whole or in part on the content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.

While Electful.com takes reasonable care to keep the information it provides as accurate as possible, Electful.com, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, timeliness or the non-infringement of the content provided through or in connection with Electful.com, nor does Electful.com endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third-party website linked from the Website, including without limitation any website with which we have a commercial association, is at your own risk, and to the extent permitted by law Electful.com disclaims all liability.   

The Website and the content on the Website is provided as is and is without any warranty of any kind, either express or implied, including, but not limited to any warranty for performance, expectation of privacy, merchantability or fitness for any particular purpose that the Website is free from any viruses or other contamination, or that the Website is compatible with any computer systems, software or browsers.  Electful.com reserves the right to make changes and improvements at any time and without notice, and disclaims all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.  

This disclaimer of liability applies to any damages or injury cause by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  

Electful.com reserves the right to discontinue operation of the Website at any time at Electful.com’s sole discretion and without any prior notice to its users.

Electful.com Content Copyrighted

The contents of the Website, including, but not limited to, the text, graphics, and icons, are copyrighted materials owned or controlled by Electful.com and contain Electful.com’s name, trademarks, service mark, and trade names.  No permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials.  No permission is granted to you to use Electful.com icons, site address, or other means to hyperlink other Internet sites with any page in the Electful.com Website.  Electful.com’s trademarks may not be used in connection with any product or service that does not belong to Electful.com, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Electful.com.   

Requests for permission to reproduce any information contained on Electful.com should be addressed to:  

ATTN: LEGAL

YourSource, LLC

1368 26th Street

Denver, CO 80205

E-mail: contact@electful.com

Advertising

Advertising or promotional material submitted by third-party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for their material, including ensuring that it complies with all applicable laws and regulations. Electful.com is not responsible for the material submitted by third-party advertisers.  Advertisers agree to indemnify Electful.com for any and all damages that arise from the Advertiser’s failure to comply with all applicable laws and regulations, including all legal fees, damages, and other expenses that may be incurred by Electful.com for any ads that violate any law, statute, or regulation.  

Electful.com reserves the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively attack any one political candidate, or any one political belief, or that promotes content, activities, or services that are contrary to Electful.com’s interests.  
Ads may not include sexually suggestive material, and ad text must include proper spelling and grammar, and proper use of any symbol.  Ads must clearly represent the message and/or candidate that are being advertised, and no Ad will be allowed on Electful.com if it contains false, misleading, fraudulent, or deceptive claims.  All claims in ads must be adequately substantiated. Ads must not offend users. Ads must not violate the rights of third parties.  Electful.com reserves the right, in its sole discretion, to remove ads from the Website that receive a significant amount of negative user feedback.

No Responsibility for Links

The Website contains links to and frames of websites that are not maintained by Electful.com.  Electful.com is not responsible for the content of those websites and cannot guarantee that sites will not change without notice to Electful.com, and inclusion of such links does not imply that Electful.com endorses the linked content. 

Content Submitted by Third Parties

Electful.com welcomes content from third parties, so long as the content remains respectful, relevant, and is civil in tone.  In order to maintain the Website as a trusted and useful resource, Electful.com reserves the right to remove any content submitted by a third party at any time and without giving any reasons or notice.

Electful.com accepts no liability for any content submitted by third parties.  Users of the Website accept that Electful.com may not pre-screen the content submitted by third parties. Electful.com does not fact-check the content submitted by third parties, and the content provided by third parties does not imply that Electful.com agrees with the opinions expressed, nor that Electful.com recommends or endorses any of the views expressed by content submitted by third parties.   

Electful.com is not responsible for injury or liability to any reader or commenter resulting from the content or comments posted on the Website, regardless of whether the content or comments are viewed as offensive, misleading, inaccurate, illegal, or otherwise unsuitable.

Removal of Content Submitted by Third Parties

By submitting content to the Website, you specifically acknowledge that Electful.com is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Electful.com reserves the right to remove such materials from the Website without liability.  

Electful.com may remove from the Website any material that contains:

    Slander, personal attacks or abusive, hateful, offensive, or racist language or material as determined by Electful.com in its sole discretion.  

    Spam or links to spam (repeated attempts to redirect readers to another website are considered spam).

    Intentionally inflammatory rhetoric as determined by Electful.com in its sole discretion.  

    Is obscene, defamatory, threatening, harassing, or embarrassing to any other person or entity as determined by Electful.com in its sole discretion.

    Is sexually-explicit or pornographic as determined by Electful.com in its sole discretion.

    Links to inappropriate or unrelated content.

    Personal information, such as addresses, phone numbers, emails, etc.

    Blatantly promotional content.

    Reproduced copyrighted articles from other sources.

    Contains trade secrets, unless you own them.

    Infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

    Constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes,

    Contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

    Use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of Electful.com.

    Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.  

If a comment is deleted by Electful.com and that comment includes a comment thread of additional comments, the underlying comment thread shall also be deleted.  

Electful.com reserves the right to ban the IP address of any computer (person) found using multiple aliases under multiple e-mail addresses in a deceptive manner.

Electful.com is not responsible for injury or liability to any reader or commenter resulting from Electful.com’s removal of any content or comment posted on the Website.

Third-Party Warranties by Submission of Content

By submitting content to the Website, you warrant that the content is your own original work and that you have the right to make it available to Electful.com for the purposes specified below.  If the content you submit to the Website is not your original work, you warrant that your submission of the content is permitted by the original author, or that the submission does not violate any copyright laws, or any other laws or regulatory provisions in any jurisdiction.  

You acknowledge that by providing you with the ability to view and distribute user-generated content to Electful.com, Electful.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on Electful.com.  By submitting content to the Website, you agree to indemnify Electful.com for any and all damages that arise from your breach of these warranties, including all legal fees, damages, and other expenses that may be incurred by Electful.com as a result of your breach of the above warranty.

License of Content Submitted by Third Parties

Electful.com does not claim ownership of any content supplied by a third-party user to the Website.  By transmitting, distributing, posting, or communicating content on or through the Website, you grant Electful.com, and its affiliates, agents and licensors, a worldwide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed.

Any content submitted to Electful.com will not be subject to any form of compensation including percentage interest, monetary funds, or any other form of compensation.  By submitting content to the Website, you agree to waive any moral rights in your contribution for the purposes of its submission and publication on the Website.  

If you do not wish to grant such rights to Electful.com, you should not submit a contribution to the Website.

Notice of Possible Copyright Infringement

Electful.com respects the intellectual property interests of other parties and Electful.com will process and investigate notice of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Electful.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied and is accessible on Electful.com in a way that constitutes copyright infringement, please provide Electful.com with the information listed below:  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. PLEASE BE ADVISED THAT TO BE EFFECTIVE, THE NOTIFICATION MUST INCLUDE ALL OF THE FOLLOWING:

    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;

    A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL of the location where the copyrighted work exists;

    Identification of the URL or other specific location on the Website where the material you claim is infringing is located;

    A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;

    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

    Your address, telephone number, and e-mail address.  

Electful.com will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. Section 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Notices of claimed copyright infringement should be directed to:

ATTN: LEGAL

YourSource, LLC

1368 26th Street

Denver, CO 80205 

E-mail: contact@electful.com

 

Choice of Law and Forum

These Terms, the Privacy Policy, and any other dispute relating to Electful.com shall be governed by and construed in accordance with the laws of the State of Colorado. You and Electful.com expressly agree that jurisdiction over and venue in any legal or administrative proceeding directly or indirectly arising out of or relating to Electful.com shall be in the state or federal courts in Denver County, Colorado. Any cause of action or claim you may have with respect to Electful.com must be commenced within one (1) year after the claim or cause of action arises. Electful.com’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.


 

PRIVACY POLICY

The following Privacy Policy is effective as of October 23, 2011.  Electful.com reserves the firth to change this Privacy Policy at any time and this statement of Electful.com’s Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.  

Personally Identifiable Information

Electful.com collects information that personally identifies you only if you choose to share such information with Electful.com.  The personally identifiable information includes name, username, e-mail address, and other information as we may request that you choose to provide.  When registering with Electful.com, you may be asked to provide personally identifiable information.  The decision to provide this information is optional; however, if you elect not to register with or provide such information, you may not be able to access certain content, features, or services available on or through the Site.  Personally identifiable information on individual users will not, under any circumstances, be sold or otherwise transferred to unaffiliated third parties by Electful.com, unless authorized by the user.

Electful.com automatically collects non-personally identifiable information when you visit the Website.  Non-personally identifiable information includes a user’s click stream data, which is anonymous and can include information such as your IP address, web pages viewed, the date and time at which those pages were viewed and interaction with content and advertisements on those web pages. Technologies used to collect this click stream data include cookies and Web beacons.

If you voluntarily choose to make information public, including submitting content to the Website, you acknowledge that such content will be publicly available for other users, members, or account holders to see.  Users should be aware that when they voluntarily disclose personally identifiable information (e.g., telephone number or e-mail address) with content submissions or community postings, that information can be collected and used by third parties.  This could result in unsolicited communications from others who use the Website and such unsolicited communications are beyond the control of Electful.com      

Electful.com may sometimes permit third parties to offer subscription or registration-based services through the Website.  Electful.com is not responsible for any actions or policies of such third parties if a user decides to subscribe or register on those websites and users should check the applicable privacy policy when providing personally identifiable information to third parties.

Creating an Account with Electful.com

If you voluntarily register personally identifiable information and create an account with Electful.com, you agree that you will not provide any false personal information, or create an account with the personal information of anyone other than yourself.  You agree that you will only create one account on Electful.com, and if Electful.com disables your account, you will not create another account without the express permission of Electful.com.  You also agree that you are not under the age of 13.  If you create an account on Electful.com and you select a username for your account, Electful.com reserves the right to remove or reclaim the user name at any time and without prior notice.  

Electful.com may send e-mails to registered users with promotions or newsletters, and the user will have the opportunity to indicate whether he or she would like to “opt out” of receiving such communications from Electful.com.  Electful.com will not contact your mobile unless you consent to it.  Notwithstanding any “opt out” request from a registered user, Electful.com reserves the right to contact a registered user regarding account status, changes to the Legal Terms & Policies, and other matters relevant to the user’s account on Electful.com.  

Changing or Deleting Your Account with Electful.com

At any time, a registered user of Electful.com may log onto his or her account and delete any portion of the user’s information, or the user may delete the account to permanently discontinue use of his or her account on Electful.com.  Upon the deletion of information or an account of a registered user, Electful.com will discontinue to active storage of such information.  However, any personal information deleted by a registered user, including the deletion of the entire account, may remain in backup media for up to 90 days, or longer. 

Aggregate and Statistical Data

Electful.com will perform statistical analyses of user behavior and characteristics in order to measure the interest in and use of our site.  Electful.com may inform third parties of the summaries of the statistical analyses for purposes of identifying the number of visitors to the different sections of the Website, what information is of most and least interest, and to identify system performance or problem areas.  Electful.com may also inform advertisers of the number of users that have been exposed to or clicked on their advertising banners.  Only aggregated data from these analyses will be provided to third parties. 

Children's Privacy

Electful.com believes that it's especially important to protect children's privacy online and encourages parents and guardians to spend time online with their children to participate and monitor their Internet activity. Electful.com respects all applicable national and international children's privacy regulations.

Electful.com does not knowingly collect personal information or other identifying data from children under the age of 13.  If Electful.com becomes aware that it has inadvertently received personal information from a child under the age of 13, Electful.com will delete such information from its records.  Because Electful.com does not knowingly collect information from children under the age of 13, Electful.com does not knowingly distribute such information to third parties.  

If a child under the age of 13 has provided Electful.com with personal information, a parent or guardian of that child may contact Electful.com at the e-mail address provided at the bottom of the Privacy Policy if the parent or guardian would like this information deleted from our records.  Electful.com will use reasonable efforts to delete the child's information from our databases. We do not filter content that children may view through our Website, and they could receive content and materials that are inappropriate for children.

Data Security

Electful.com cannot guarantee that the data you provide us is 100% secure, but Electful.com will take reasonable precautions to protect your personal information from loss, misuse or alteration. Vendors, contractors, or partners of Electful.com who have access to your personal information in connection with providing services for Electful.com are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for Electful.com.

Questions or Comments about Electful.com’s Privacy Policies should be directed to:

ATTN: LEGAL

YourSource, LLC

1368 26th Street

Denver, CO 80205

E-mail: contact@electful.com