| Terms of Service |
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I. General A. Our company, Actual Politics, and website, www.ActualPolitics.com, has published this Terms of Use (“Terms”) as part of our overall effort to provide high quality, reliable service to our Users. We strive to protect your privacy as well as the security of our systems and networks. We also encourage responsible use of Actual Politics' and other ISPs' resources and make sure that we and you comply with applicable laws. B. These Terms describe the types of uses of Actual Politics’s website. It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Actual Politics may, in its sole discretion, determine whether a particular use of Actual Politics‘s website is a violation of these Terms. While it is not Actual Politics' intent to monitor, control, or censor communications on our website, when we become aware of a violation of these Terms, we may take such action as we deem appropriate to address the violation, as referenced below. C. These Terms are being implemented for all Users of Actual Politics' website and services. These Terms supplement, but do not supersede, any contracts Users may have with Actual Politics; if such a contract restricts a use of Actual Politics’s website which is not addressed in these Terms, the contract will govern with respect to such use. D. Actual Politics acts as a communication portal for writers and readers of political content. No political topic is taboo and we encourage our Users to become involved and interact with each other. II. Revisions to this Policy From time to time, we will make changes to these Terms. We reserve the right to modify these Terms at any time, in order to inform you of changes we make to our website, services or other matters of which you should be made aware. If we make any changes to these Terms, you will be notified here on this page of our website. We may also email you or provide a notice on Actual Politics’s Home Page, although such email or notice is not required. Regardless of notification type, we urge you to check this page frequently for updates, since your continuing use of Actual Politics’s website is your continuing acceptance of our Terms and any modifications thereto. III. Prohibited Uses A. Use of Actual Politics’s website as described below is prohibited under these Terms. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive. 1. Illegal/Criminal Activity – Actual Politics’s website may not be used in connection with criminal or civil violations of local, federal or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information and threats of physical harm or harassment.
2. Security Violations – Actual Politics’s website may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring or using systems without authorization; scanning ports; conducting denial of service attacks and distributing viruses or other harmful software. 3. Threats – Actual Politics’s website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel and/or defamation. 4. Offensive Materials – Actual Politics’s website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and/or hateful materials. 5. Spam - Spam is an unacceptable use of Actual Politics’s website. Spam includes any of the following activities: a. Posting a single message or messages similar in content, to more than five online forums or newsgroups. Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups. b. Collecting the responses from unsolicited e-mail. c. Sending any unsolicited e-mail that could be expected, in Actual Politics' reasonable discretion, to provoke complaints. d. Sending e-mail with charity requests, petitions for signatures, or any chain mail related materials. e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail. f. Sending e-mail that does not accurately identify the sender, the sender's return address and the e-mail address of origin. g. Using Actual Politics’s facilities to violate what could reasonably be considered a violation of another Internet Service Provider's Acceptable Use Policy and/or Terms of Service.
6. Indirect Access - A violation of these Terms by someone having only indirect access to Actual Politics’s website through a Customer or other User will be considered a violation by the Customer or other User, whether or not with the knowledge or consent of the Customer or other User. As an example, ‘Down Stream Providers’ are responsible for the actions of Customers to whom they provide services operating on Actual Politics’s website. Actual Politics will address and attempt to resolve complaints about the actions of Customers of ‘Down Stream Providers’ with ‘Down Stream Providers.’ B. The resale of Actual Politics’s services is not permitted, unless expressly permitted in a written agreement with Actual Politics. C. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Actual Politics, in its sole discretion. D. When feasible, it is Actual Politics’s preference to give notice so that violations may be addressed voluntarily however Actual Politics reserves the right to act without notice when necessary, as determined by Actual Politics in its sole discretion. Actual Politics may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. IV. Copyright A. All information, content, services and software displayed on, transmitted through or used in connection with Actual Politics, with the exception of User Content as defined below, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Actual Politics and/or its affiliated companies, licensors and/or suppliers. B. You may use the Content online only and solely for your personal, non-commercial use and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. C. If you operate a web site and wish to link to Actual Politics, you may do so provided you agree to cease such link upon request from Actual Politics. No other use is permitted without prior written permission of Actual Politics. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms. D. You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Actual Politics, not to insert any code or product or manipulate the content of Actual Politics in any way that affects the User's experience, and further, not to use any data mining, data gathering or extraction method. E. Requests to use Content for any purpose other than as permitted in these Terms should be directed to Actual Politics at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In certain cases, you may be able to use individual stories that appear on Actual Politics through online functionality we have specifically designated (e.g., to e-mail a review to a friend). In such cases, we will tell you directly in the portion of the Content what you may use or you will see a link in the Content itself. F. If you believe that Actual Politics or any User of Actual Politics has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information: 1. An identification of the copyrighted work that you claim has been infringed; 2. An identification of the material on Actual Politics’s website that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site; 3. Your name, address, telephone number and e-mail address; 4. 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; 5. A statement by you declaring that the above information in your notice is accurate and made under penalty of perjury and that you are authorized to act on behalf of the owner of the copyright interest involved; 6. Your physical or electronic signature. G. The Copyright Agent for Actual Politics can be contacted at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . V. User Content Representations and Warranties A. By placing material on Actual Politics, including but not limited to posting content or communications to any Actual Politics bulletin board, forum, blog-space, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and, (2) the User Content will not cause injury to any person or entity. B. Using a name other than your own legal name in association with the submission of User Content is a violation of these Terms. VI. User Content License A. For all User Content you post, upload, or otherwise make available ("Provide") to Actual Politics, you grant Actual Politics, its affiliates and related entities, including its websites, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. B. Without limiting the generality of the previous paragraph, you authorize Actual Politics to share the User Content across all websites, to include the User Content in a searchable format accessible by Users of Actual Politics and other Actual Politics websites, now in use or later developed, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. C. You waive all intellectual property rights with respect to any User Content you provide to Actual Politics. You also grant Actual Politics the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. VII. User Content Screening and Removal You acknowledge that Actual Politics and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation, that such User Content violates these Terms or is otherwise objectionable. VIII. User Content Assumption of Risk A. Actual Politics cannot and does not monitor or manage User Content and/or Reviews, and does not guarantee the accuracy, integrity, or quality of User Content or Reviews. All User Content and Reviews provided to Actual Politics are the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content or Reviews that you provide. B. To protect User safety, please use your best judgment when using Actual Politics’s forums, blog-spaces, posting boards or other communication vehicles. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. User acknowledges and agrees that if User makes such disclosures, either through posting on any bulletin board, forum, blog-space, message or chat area, or uploading text, images, audio files or other audio-visual content, in interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you. IX. User Content Posting Rules A. In order to keep these forums enjoyable and interesting for all of our users, we ask simply that you follow these minimal rules. These rules are only a minimum; in addition to complying with these rules, we ask that you also exercise common sense and generally be considerate toward your fellow users. By participating either in our online discussion and comment posting systems, you are consenting to these rules. 1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. You will indemnify Anchorage Daily News, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content you have posted. 2. You understand and agree that Actual Politics.com is not responsible for any content posted by third parties. You further understand that Actual Politics.com does not and cannot review all content prior to its posting. Keep in mind that more than likely you will read a post before Actual Politics.com staff. Nevertheless, Actual Politics.com may monitor the discussion forums as it chooses and reserves the right (but assumes no obligations) to remove, edit or otherwise alter content that it deems inappropriate for any reason without obtaining anyone’s consent. We further reserve the right, in our sole discretion, to remove a user's privilege to post content in our discussion forums. B. Any decisions as to whether User Content violates any Posting Rule will be made by Actual Politics in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules: 1. If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video. 2. You may not provide User Content that: a. contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material; b. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; c, is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; d. violates any right of Actual Politics or any third party; e. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; f. violates or encourages the violation of any law, rule, regulation or ordinance; g. interferes with any third party's uninterrupted use of Actual Politics; h. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; i. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; j. disrupts, interferes with, or otherwise harms or violates the security of Actual Politics, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Actual Politics or affiliated or linked sites; k. "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY ACTUAL POLITICS X. Unsolicited Material and Ideas Actual Politics is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to Actual Politics. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you and you are waiving any claim against Actual Politics and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent. XI. Uses, Registration and Other Policies A. When registering, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any changes in the registration data to Actual Politics immediately upon such changes. B. User shall not use pseudonyms or fictitious names in your registration or profile. C. User shall not be allowed to have multiple registrations. User may only establish one (1) user profile. If Actual Politics finds that you have established more than one registration or profile, your account(s) may be suspended or terminated, subject to the sole discretion of Actual Politics. D. User warrants and represents that you are of legal age (18 or older) to use the services of Actual Politics at the time of registration. E. User may use Actual Politics’s website content online only and solely for personal, non-commercial use and may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. F. User may not post, distribute or republish in any way, any portion of Actual Politics’s website content to any Internet, Intranet or Extranet website or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms. G. User may not distribute any of Actual Politics’s website content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms. H. User may not copy any of Actual Politics’s website content without permission from Actual Politics. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Actual Politics’s websites. User may not insert any code or product or manipulate the content of Actual Politics’s websites in any way that affects the User's experience, and further, may not use any data mining, data gathering or extraction method on any Actual Politics’s websites. I. Requests to use Actual Politics content for any purpose other than as permitted in these Terms shall be directed to Actual Politics at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . XII. General Disclaimers and Limitations of Liability A. While Actual Politics uses reasonable efforts to include accurate and up-to-date information, Actual Politics specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Actual Politics websites, either now operating or created in the future. Actual Politics disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Actual Politics disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through Actual Politics’ websites. B. ACTUAL POLITICS’S WEBSITES AND ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN THE ACTUAL POLITICS WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. ACTUAL POLITICS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ACTUAL POLITICS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ACTUAL POLITICS WEBSITES. ACTUAL POLITICS DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ACTUAL POLITICS WEBSITES. ACTUAL POLITICS DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE ACTUAL POLITICS WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ACTUAL POLITICS WEBSITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN THE ACTUAL POLITICS WEBSITES. C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Actual Politics WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. ACTUAL POLITICS AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION. H. Actual Politics does not make any warranties or representations regarding any data and/or information provided or made available by any User on any of the Actual Politics websites or on any external websites linked to them. In particular, Actual Politics does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose. I. You may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to the Customer Service Department, such email being This e-mail address is being protected from spambots. You need JavaScript enabled to view it . J. Without limiting the foregoing, under no circumstances shall Actual Politics be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. XIII. Indemnity User agrees to indemnify, defend and hold harmless Actual Politics, its website(s) and each of their respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: 1. your use of Actual Politics’s websites;
2. Actual Politics' use of any User content or information you provide,
3. information or material provided through your IP address, even if not posted 4. any violation of these Terms by User. XIV. Termination of Membership A. User may terminate their account at any time. User may deliver notice of termination using the Customer Service email address, available below. The termination notice shall include the name and email address you registered with. B. In addition to other reasons, stated elsewhere in these Terms, Actual Politics may, without cause and in its sole discretion, terminate your membership under the following circumstances, which are non-inclusive: 1. If you promote any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or 2. If you cause physical, mental or emotional harm to any other User(s); 3. If you, as a property owner or agent, provide false or misleading information or photographs describing the accommodation you have listed for holiday rental; or 4. Any other reason deemed appropriate by Actual Politics, in its sole discretion. C. In the event of a termination in accordance with section VII (B) and notwithstanding Actual Politics' right to terminate the contract in accordance with section VII (B), Actual Politics is entitled to: 1. Delete the contents, account and profile posted by you; or 2. Issue a warning to you; or 3. Block your access to services on the Actual Politics websites. XV. Errors in Advertisements On occasion, a product or service offered by third-party advertisers on the Actual Politics websites may not be available at the time or at the price as it appears in an advertisement. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or information received from third-party advertisers, you agree that Actual Politics is not responsible for such errors or discrepancies and that your only course of action is to contact the appropriate advertiser directly. XVI. Additional Terms A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Actual Politics. B. The place of performance under these Terms shall be main place of business of Actual Politics. C. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Actual Politics. D. These Terms and the contractual relationship shall be governed by the laws of the United States. XVII. Discontinuation of Service A. Actual Politics may modify, suspend, discontinue or restrict the use of any portion of Actual Politics’s websites, including the availability of any portion of the content at any time, without notice or liability. B. Actual Politics may deny access to any User at any time for any reason. In addition, Actual Politics may, at any time, transfer rights and obligations under these Terms to any current or future Actual Politics subsidiary or business unit, or any companies or divisions, or any entity that acquires Actual Politics or any of its assets. XVIII. Statute of Limitations You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree no claim subject to these Terms may be brought as a class action. XIX. Section Titles The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect. XX. Incident Reporting Any complaints regarding violations of this Policy by a Actual Politics User should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Where possible, include details that would assist Actual Politics in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XXI. Contact Information XXII. Effective Date THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 25, 2008. |