VoterCast Terms of Service

Effective Date: September 01, 2023

Welcome to VoterCast, a platform developed, owned, and managed by Behavioral Ideas Lab, Inc. dba ideas42, a New York not-for-profit corporation and an entity organized under Section 501(c)(3) of the Internal Revenue Code (“ideas42”, “we” or “us”). These Terms of Service (collectively, the “Terms”) apply to use of VoterCast, available at votercast.com (the “Site”), and including all related services (the “Services”).

The Site provides a non-partisan Service intended to enable Election Officials to access sample messages that can be used in various media, intended to clearly communicate details for voter registration, voting, and other election-related topics that are customized for the jurisdiction. These Terms apply to each individual who accesses the Services (each “User” or “You”) on behalf of the government agency for which they are a government official (each an “Organization”). It is each User's responsibility to ensure that they comply with these Terms. Users must be at least 18 years old.

Purpose and Limitations on Use for Official Election Purposes in Non-Discriminatory Manner

By access and using the Services, You represent and warrant that (i) you are an official in a government office with the authority to administer elections, including communicating to the public about election- related topics relevant to the jurisdiction for which you work, and (ii) you have authority to establish an account on the Site to use solely in conducting your official capacity for government duties. The Services are being provided to Users in their capacity as a government official, with these terms being entered into by Users on behalf of their Organization, for the sole purpose of facilitating communication with the public through electronic and print media about registration, voting, and other election-related topics in an equitable and non-discriminatory manner. The Services are available for use by government officials qualifying under these terms and using it within the conditions provided herein, except where prohibited by law. Users are solely responsible for determining the legality of the Services within the jurisdiction that they are employed as a government official.

No User shall use the Services in the capacity as a candidate for public office at any time. We prohibit the use of the Services in any direct or indirect manner for advocating for or against any candidate for public office, political party, or public ballot question.

Users are prohibited from using the Services in a manner that could reasonably expect to discriminate or does result in discrimination against voters or potential voters based on known or believed attributes including race, color, ethnicity, national origin, disability, age, sexual orientation, gender at birth, expression or identity, marital status, military status, socioeconomic status, level of income, urban, suburban, or rural residence, literacy, convictions, political district, political affiliation, or any other association.

The Services are provided by ideas42 that retains the right to track the messages Users edit, save, and download and the data may be used to advance knowledge of effective tools to increase voter participation. Users may be asked to voluntarily participate in surveys and other research to determine how to improve the Services, but in no case will ideas42 have access to individual voter data. Notwithstanding any third party's discretionary decision to share information about VoterCast, ideas42 is solely responsible for the Services and all use is controlled by these terms and conditions.

ideas42 retains the right to disclose the identity of Organizations that have subscribed to the service, and ideas42 may later publish its analyses of voter participation rates for the jurisdiction. Such identification and disclosure may be made in a variety of ways including, but not limited to, on ideas42 or affiliate websites, in response to inquiries from government agencies or authorities, and in explanations of VoterCast service to third-parties, including potential users. ideas42 shall not implicitly or expressly indicate a government agency is endorsing VoterCast. ideas42 will respond to any requirement of law for disclosure.

Account Registration

To access and use the Services, each User will need to open an account (“Account”) by providing ideas42 with current, complete, and accurate User Data and other information as prompted by the applicable Account registration form. Each User will choose their Account credentials (which may include a password, a username, an official government email address, etc.) and is solely responsible for maintaining the confidentiality of their Account credentials. Each User is responsible for any and all activities that occur under their Accounts.

You will inform ideas42 immediately of any unauthorized use of an Account or any other security or credential breach. We will not be liable for any loss that You may incur as a result of another person using an Account and its associated credentials, either with or without their knowledge. Be advised, however, that You could be held liable for losses incurred by us or a third party due to another person using an Account or its associated credentials. An Account may not be used by another person without the express permission of the User.

We do not control, endorse or are otherwise responsible for the content, messages or information posted or published by Users on the Services and, therefore, we specifically disclaim any liability with regard to the Services and any actions resulting from your use of the Services. Each User is responsible for all content submitted and messages sent through the Services.

License to Use the Services; Code of Conduct

ideas42 shall provide each User with a worldwide, non-exclusive royalty-free, revocable, non-assignable license to use the Services.

In addition, unless otherwise expressly permitted in the Terms, without our prior written consent, Users will not:

• permit any third-party to install, configure, access, use or copy all or any portion of the Services;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Services, or attempt to modify, reverse engineer, exploit, decompile or disassemble all or any portion of the Service except as expressly permitted by applicable laws, rules, or provisions;
• publish, transmit or otherwise transfer, distribute, disseminate, aggregate, use as a component of or as the basis for a database, create derivative works based on, copy, or otherwise use in any form or by any means any content from the Services outside of approved data exchange and interoperability relationships established with ideas42;
• obscure, remove or alter any intellectual property rights notices or markings on the Services;
• use the Services in any manner which could (a) pose a security risk to the Services, or other users, or (b) disable, overburden, damage, or impair the performance or operation of the computing environment on which the Services are hosted (including where such use interferes with any other party's use thereof);
• send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list. For the purpose of these Terms, Spam shall mean irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or viruses ("Spam");
• publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, libelous, racist, anti-Semitic, discriminatory, defamatory, obscene, indecent or unlawful topic, name, material or information;
• upload, use, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights, or have obtained all necessary rights thereto;
• upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• falsify or delete any copyright information, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

If ideas42 determines in our sole discretion that any use or submitted information or materials violates these Terms, our Terms of Use or Privacy Policy, or any applicable laws and regulations, then we may remove such information at any time and without notice such submission, suspend and/or terminate any User's access to and use of the Services, and/or pursue all available legal remedies.

Please review the Site Terms of Use and Privacy Policy for further information regarding the applicable terms and conditions for accessing and using the Services.

Privacy and Data Security

We take the privacy and security of data very seriously. We have implemented appropriate physical, administrative, and technical steps to safeguard the User Data we collect from and about all Users. While we make every effort to help ensure the integrity and security of our network and systems, the transmission of information via the internet is not completely secure. E-mails or attachments sent to or from the Services may not be secure.

“User Data” is any information (in any format), alone or together, relating to a User. ideas42 collects identifiable information from Users, such as their name and official government email address, Organization, provided by User's in their official capacity as an employee of an election office. As set forth in the Site Privacy Policy, ideas42 will treat User Data that is collected or submitted to the Services as confidential and will not share it with third parties other than as described herein. By accessing and using the Services, each User authorizes ideas42 to collect and process User Data as described herein.

Although we do our best to protect User Data, we cannot guarantee the security of User Data when transmitted to the Services. Any transmission of User Data is at the User's risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Users should not provide or include the personal information of third parties, including voter information, in any other information provided to the Services. Any such personal data discovered in the Services will be promptly removed.

No personal data of individuals under 18 years old is to be provided to Ideas42 or otherwise posted or submitted to the Services. If ideas42 learns that personal data of individuals under 18 years old is posted or submitted to the Services, ideas42 will take steps to delete that personal data as soon as possible.

Users acknowledge and agree that ideas42 may at any time use or create historical, aggregated and anonymous data from User's use of the Site, or from its performance under this Agreement, in connection with ideas42's operations, including but not limited to, user experience data including feedback/survey responses from users, metadata, insights, and data analytics that indicate user efficacy and impact (collectively, the “Aggregate Insights”); provided that such methods, findings, analyses, and other results use the Aggregate Insights along with other information and data and are not specific to Users. Users hereby grant to ideas42 an irrevocable, permanent, exclusive, royalty-free, worldwide, full and free right and license to use, execute, reproduce, display, perform distribute and combine each of the Aggregate Insights in furtherance of its operations. ideas42's use of the Aggregate Insights will not identify Users as the source of any specific data, pattern or finding, nor shall it include any personally identifiable information of any individuals.

Use of User Data

Each User agrees that ideas42 may collect and use User Data derived from them, including data about Users' access and use of the Services.

Aggregated data derived from User information may be used or created by ideas42 at any time for aggregate insights, as well as to improve our Services. In addition to the foregoing, we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works even after these Terms have expired or use of the Services has been terminated.

Upon written request, we will delete any User data, except as set forth in these Terms, in our possession at any time. We will comply with such requests in a commercially reasonable time not to exceed ten (10) business days. We will not use User Data to engage in targeted advertising.

Intellectual Property Rights

You retain all intellectual property rights, including, without limitation, patents, trademarks (the “Intellectual Property Rights”) in graphic user interface, text, content, images, video, music, designs, products, computer programs, drawings, documentation, feedback, and other materials of any kind posted, submitted, provided or otherwise made available to us by you in connection with the Services (“Submissions”), and in the User Data, or any third-party content for which all necessary rights have been obtained.

In addition, you grant ideas42 a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Submissions in any and all media or distribution methods (now known or later developed) as part of providing the Services.

By providing Submissions and User Data to us, whether via the Services or otherwise, you also expressly grant to us a non-exclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display, and store the Submissions for the purposes of: (i) providing the Services as contemplated in these Terms, and (ii) enforcing our rights under these Terms.

Except for Submissions and User Data, the Services and all materials made available by ideas42 on the Services, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (“ideas42 Content”), and all related Intellectual Property Rights, are the exclusive property of ideas42 and/or its licensors.

Term; Termination of the Services

You may terminate your use of the Services at any time.

We may terminate a User's access to the Services and Accounts at any time, without notice, for any reason whatsoever, including if we determine, at our sole discretion, that the Services is being used for illegal activity, in response to court orders regarding any illegal activity, and/or for violation of these Terms. Except as may be set forth in these Terms, we do not have an obligation to store or forward the contents of a terminated Account.

We reserve the right at all times to disclose any information, including Personal Information, as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Indemnification

You agree to defend, indemnify and hold harmless ideas42 and its members, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your (i) access to and use of the Services, including any data or content transmitted or received by you; (ii) violation of any of the Terms; (iii) violation of any third-party right, including but not limited to any right of privacy or intellectual property rights; (iv) violation of any applicable law, rule or regulation, including any data privacy law; (v) content or information including, without limitation, Submissions and/or User Data that is submitted via an Account; or (vi) any other third party's access and use of the Services using with the unique username, password or other appropriate security code associated with an affiliated User.

Disclaimer

ideas42 makes no representations, warranties, promises, or guarantees regarding any content provided or generated by Users or third parties. We act as a passive conduit for the distribution, provision, and publication of content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of content, and accordingly, we are not responsible and have no liability for Submissions or User data. You understand that you may be exposed to information that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of all Submissions or User Data. Your reliance on any Submission and/or User data is at your own risk.

NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE SERVICES, INCLUDING THE SOFTWARE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEAS42, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, COMPLETE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS TRANSMITTED AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL IDEAS42, ITS MEMBERS, SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO AN ORGANIATION OR YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL IDEAS42, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO AN ORGANIZATION OR YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disputes

All disputes arising out of or relating to these Terms, Services or any related Services will be governed by New York law regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of the State of New York, and both you and ideas42 consent to personal jurisdiction in those courts.

Miscellaneous

You may not assign these Terms, by operation of law or otherwise, without ideas42's prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. ideas42's failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to enforce such provision or any other provision of this agreement subsequently.

Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this agreement may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, ideas42 may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

These Terms, the Terms of Service and Privacy Policy, constitute the entire agreement between you and ideas42 with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except with regard to payment obligations, neither of us will be responsible for any failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, pandemics, materials shortages, transportation delays, internet or other telecommunication delays, fires, floods, labor disturbances, riots, wars, terrorist acts or inability to obtain any export or import license or other approval or authorization of any government authority.