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Terms of Use

WEISER WEB PLAY, LLC END USER LICENSE AND TERMS OF USE AGREEMENT FOR WEBSITE YourElection.net

IMPORTANT! WEISER WEB PLAY, LLC IS PLEASED TO ANNOUNCE THE BETA PHASE I RELEASE YOURELECTION - YOUR WAY TO THE WHITE HOUSE (THE “GAME”). YOU HAVE THE OPPORTUNITY DURING THE NEXT FEW WEEKS TO PLAY THE ENTIRE GAME WITHOUT CHARGE, INCLUDING FEATURES WHICH WILL SOON BE AVAILABLE ONLY TO PAYING SUBSCRIBERS. UPON TERMINATION OF THE BETA PHASE, YOU WILL HAVE THE OPPORTUNITY TO SUBSCRIBE AS A NON-PAYING MEMBER OR A PAYING MEMBER. IF YOU WISH TO PLAY FOR FREE DURING THE BETA PHASE, READ THIS AGREEMENT AND COMPLETE THE REGISTRATION PROCESS SET FORTH IN PARAGRAPH 18 OF THIS AGREEMENT.

IMPORTANT! PLEASE READ CAREFULLY!

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Reports and Additional Information

Terms of Use (continued)

THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH WEISER WEB PLAY, LLC OFFERS YOU ACCESS TO AN ACCOUNT (THE “ACCOUNT”) AND THE SERVICE TO ALLOW YOU TO PLAY ONLINE YOURELECTION - YOUR WAY TO THE WHITE HOUSE (THE “GAME”). BY COMPLETING THE “REGISTRATION PROCESS” SET FORTH IN PARAGRAPH 18 AND CLICKING ON THE “REGISTER” OR “SUBSCRIBE” BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

  1. Subject to your agreement to and continuing compliance with this Agreement Weiser Web Play, LLC hereby grants and you hereby accept, a limited, non-exclusive license to use the Game in conjunction with the service so provided (the “Service”) for your non-commercial entertainment purposes only. All use of the Game is subject to this Agreement, which you must accept before you can use your Account to play the Game.
  2. Accounts are available only to adults or, in their discretion, their minor child of at least 13 years old. If you are a minor, your parent or guardian must complete the registration process, in which case he or she takes full responsibility for all obligations under this Agreement. By clicking the “Register” or “Subscribe” button, you represent that you are an adult (18 years of age or older) and are accepting this Agreement either on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child.

    Educational accounts shall be registered in the name of the school or university and the school or university takes full responsibility for all obligations under this Agreement. The school or university may not transfer or share the Account provided, the Account may be used by a designated instructor and students in a classroom setting with the exception of schools and universities, corporations and other entities are not eligible to procure Accounts.
  3. To play the Game, you must: (i) have a valid Account (paid or unpaid); (ii) have an Internet connection (which we do not provide nor pay for) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to have access to any other ancillary websites or products. You understand that we may update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.
  4. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review.
  5. In the Account registration process, you will be required to choose a login name and a password and provide a valid e-mail address. While you are encouraged to use a pseudonym, especially if you are a minor, you may not choose a login name that violates anyone’s trademarks, publicity rights or other proprietary rights. Login/user name are not changeable. You may not disclose your password to any third party. We never ask you for your password by email, and you should not disclose it via email if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to “save” or “remember” your password on your hard drive, please note that third parties may be able to access your computer and thus your Account.
  6. If you decide to become a paying subscriber, your Account will be given a premium membership status upon receipt and verification of the subscription fees. Premium membership status entitles you to additional features not accessible by free members. All subscription fees are stated in U.S. dollars unless otherwise specified. All fees are prepaid and non-refundable. Upon your acceptance of these terms, we have the right to automatically charge your credit card the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, each time your Account comes up for renewal, we have the right to automatically charge your credit card the then-current renewal fee plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, the premium membership status for your account may be immediately removed. You may terminate your Account at any time by notifying us via “contact us” form. You may terminate your premium membership status at any time using the subscription page. If you terminate your Account during any subscription cycle, the premium membership status for your Account will expire at the end of the then-current cycle and you will not be billed again unless you affirmatively re-subscriber again. We do not give full or partial refunds for subscription periods that you have purchased. All paid subscriptions are non-transferable. Any payment submitted and subsequently returned as unpaid (such as checks or PayPal payments) will be subject to a $20.00 returned item fee, in addition to the original unpaid amount. Any disputed credit card payment that resulted in a subsequent charge-back, will be subject to a $30.00 fee, in addition to the original amount. You are liable for all additional fees in connection with returned as unpaid or disputed payments, in addition to the original amount.
  7. We may terminate this Agreement and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) if you infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; (iv) if you violate any of the player rules of conduct of the Game (which we may amend or supplement from time to time, in our discretion), or (v) if you engage in any player activity whatsoever which we, in our discretion, determine is inappropriate and/or in violation of any of the Game rules. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game and related services, in which case we will provide you with a prorated refund of any prepaid amounts. This Agreement can be terminated by us, if you do not log in to your account for 12 months or more.
  8. Non-paying Accounts (i.e. Accounts without a premium membership status) are supported by paid advertising. If you have a non-paying Account, we reserve the right to terminate this Agreement at any time if we are unable to display some or all of the ads on our website for any reason (including but not limited to, due to blocking or filtering software installed on your computer), or if there are no ads available based on your demographic profile and/or geographic location. We also reserve the right to refuse to provide free service to anyone at any time in our sole discretion.
  9. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. You acknowledge and agree that we may transfer such information (including, without limitation your personally identifiable information or personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game and any services or software which may in the future be provided by us or on our behalf.
  10. WEISER WEB PLAY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  11. WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, YOUR ACCOUNT OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER. FURTHER, WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT, AND THERE MAY BE EXTENDED PERIODS OF TIME WHEN YOU CANNOT ACCESS YOUR ACCOUNT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE GAME IN CONNECTION WITH YOUR HARDWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING. REPAIR AND/OR CORRECTION OF YOUR HARDWARE. WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL.
  12. 12.IN NO EVENT SHALL WEISER WEB PLAY, LLC, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW DAMAGES FOR PERSONAL INJURY, EVEN IF WEISER WEB PLAY, LLC, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF WEISER WEB PLAY, LLC, ITS LICENSORS OR ANY OF THEIR PARENTS OR AFFILIATED COMPANIES, IF ANY, TO YOU AND ANY THIRD PARTIES IS LIMITED TO THREE MONTHS IN THE AGGREGATE PAID SERVICE. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WEISER WEB PLAY, LLC, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE WEISER WEB PLAY, LLC AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF.
  13. You shall comply with all applicable laws regarding your use of the Game, your access to your Account and your playing the Game.
  14. The Game and the Service and any files that are delivered to you by Weiser Web Play, LLC (via online transmission or otherwise) to “patch,” update or otherwise modify the system or Game is copyrighted work of Weiser Web Play, LLC and all uses of the Game are governed by the terms of this Agreement. The Game is distributed solely for use by authorized end users according the terms of this Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited. All title, ownership rights and intellectual property rights in and to the Game and the Service and all copies thereof are owned or licensed by Weiser Web Play, LLC and protected by copyright laws. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative work based on the Game or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this section of the Agreement shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.

    You agree that you shall not under any circumstances:

    1. Rent, lease or license the Game to others,
    2. Exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose including without limitation use at a cybercafé, computer gaming center or any other location base site without the express written consent of Weiser Web Play, LLC,
    3. Facilitate, create or maintain any unauthorized connection to the Game or the Service. Under no circumstances may you connect or create tools that allow you or others to connect to the Game’s proprietary interface other than those expressly provided by Weiser Web Play, LLC for public use.
  15. This Agreement is governed in all respects by the laws of the State of Minnesota as such laws are applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You and Weiser Web Play, LLC each submit to personal jurisdiction in Minnesota U.S.A. and further agree that any cause of action relating to this Agreement, your Account and Weiser Web Play, LLC shall be brought and maintained in a court in St. Louis County District Court, St. Louis County, Minnesota or, at Weiser Web Play, LLC’s option, at Duluth, Minnesota, United States District Court, District of Minnesota, U.S.A. and you waive any claim that either such forum is inconvenient. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between you and Weiser Web Play, LLC with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
  16. This website may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards").

    Weiser Web Play, LLC does not control the material delivered to Bulletin Boards, and Weiser Web Play, LLC has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the view of Weiser Web Play, LLC. In no event shall Weiser Web Play, LLC assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. Weiser Web Play, LLC reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, Weiser Web Play, LLC reserves the right to edit, refuse to post or to remove any information or meterials, in whole or in part, that in Weiser Web Play, LLC's sold discretion are objectionable or in violation of these Terms of Use.

    By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Weiser Web Play, LLC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

    • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
    • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
    • The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
  17. You agree to indemnify, defend and hold harmless, Weiser Web Play, LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, members and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Weiser Web Play, LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Weiser Web Play, LLC in asserting any available defenses.
  18. If you have any questions regarding your Account or play of the Game, please contact Weiser Web Play, LLC customer service.
  19. To register to play the Game, please fill out the registration form one the website. You will be required to enter a username, password, your first and last name as well as a valid e-mail address. Additionally you need to check the box that confirms your agreement to these terms of use. An e-mail will be sent to the address entered on the form with a generated link. By clicking the link you confirm that you registered to play the game. After clicking the link the Game confirms your registration and the registration process is complete.