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NameMyVote – Terms of Use:  Strongtooth, Inc. (“Strongtooth”) provides this website and related services subject to the following terms and conditions. Please read the following carefully as use of this site implies an agreement to abide by and be bound by these terms and conditions.

NameMyVote.com (“NameMyVote” or the “Website”) is a gaming service for users to browse through photos that other users have uploaded and determine what political party they seem to be associated with by their appearance. The Website is for enjoyment purposes only, and should not be treated as anything more than a game. Another aspect of the website is social networking. Users have the ability to create profiles and connect with other users via internal messaging and email.  Strongtooth, Inc. is not affiliated with any political party or campaign.  The advertising that appears on the Website is paid advertising that is accepted through third party advertising providers without prejudice by Strongtooth, Inc.

This Agreement sets out the legally binding terms of use of the Website and your membership in the service provided by Strongtooth, Inc. (“Strongtooth”) through the Website (the “Service”) and may be modified by Strongtooth from time to time, such modifications to be effective upon posting by Strongtooth on the Website.

1. Service. The Website is a service you can use to play a game whereby you browse other users’ photos and try to guess their political inclination. The responses you provide will be provided as feedback to other users of the site as well as the person who posted the photo in an anonymous manner.  The Website also has a social networking service in which users are able to contact each other via the Website’s messaging service. Profiles can be created as well so that while users are browsing through photos of other users, they are able to find out more information about them and contact them.

When you join as a member you reaffirm your acceptance of these Terms of Use, and the Privacy Policy. You also agree to only upload content that is your property that you have the right to transfer. Importantly, when you upload content you represent that you are the owner of that content and that you have the right to give Strongtooth that content.  Uploaded photos and profile information as well as any other content that is contributed by you to the Website becomes property of Strongtooth. Strongtooth may use this content as it wishes without consulting you first.

2. Eligibility. You represent that you are of legal age and ability to form a binding contract and are not a person barred from receiving services under the laws of the State of New York, the United States, or any other applicable laws or agreements you are governed by.

3. Term. This Agreement will remain in full force and effect while you use the Website.

4. Authorized Use of the Website. Illegal and/or unauthorized uses of the Website, including sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

5. Proprietary Rights. Strongtooth owns and retains all proprietary rights in the Website and the Service, whether or not protected under patent or copyright law. The Website contains the copyrighted material, trademarks, and other proprietary information of Strongtooth. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: a description of the copyrighted work that you claim has been infringed; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. To request the address of Strongtooth’s Copyright Agent for notice of claims of copyright infringement, please email: evan@strongtooth.com.

6. Content Posted on the Site.

a. You understand that all information, data, text, software, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. Strongtooth may review and delete any Content that in the sole judgment of Strongtooth violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. However, you are solely responsible for evaluating the accuracy, completeness, and usefulness of all Content, some of which may be offensive to you. Strongtooth does not undertake to monitor, control, or edit Content.

b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.

c. You agree to: (a) post true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Date”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Strongtooth has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

d. By posting Content to any area of the Website, you automatically grant, and you represent and you warrant that you have the right to grant, to give Strongtooth an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

e. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Strongtooth reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: (i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (iv) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) provides material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vii) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (x) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

f. You must use the Service in a manner consistent with any and all applicable laws and regulations. You agree not to use the Service to: (i) impersonate any person or entity, including, but not limited to, a Strongtooth official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (iii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (iv) intentionally or unintentionally violate any applicable local, state, national, or international law; (v) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (vi) “stalk” or otherwise harass another; or (vii) Collect or store personal data about other users.

g. You may not include in the public content that you post any telephone numbers, street addresses, last names, or email addresses.

h. You may not engage in advertising to, or solicitation of, other Members through the Service to buy or sell any products outside of those products individually posted on the Website. You may not transmit any chain letters or junk email to other Members. Although Strongtooth cannot monitor the conduct of it Members off the Website, it is also a violation of these rulers to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Strongtooth reserves the right to restrict the number of emails which a member may send to other Members in any 24-hour period to a number which Strongtooth deems appropriate in its sole discretion.

7. Advertising. All advertising that appears on the Website is paid for and posted by third parties. Strongtooth is not responsible for any content that appears in advertisements, nor is Strongtooth affiliated with advertisers in any way other than business transactions. Strongtooth is not associated with the views or content that is expressed in advertisements. Strongtooth accepts no responsibility for the content that appears in the advertisements, including any errors or omissions.

8. Security. During the Service’s registration process you will choose an available username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Strongtooth (through the email evan@strongtooth.com) of any unauthorized use of your password or account or any breach of security, and (b) ensure that you logout from your account at the end of each session. Strongtooth cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

9. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

10. Disclaimers. You expressly understand and agree that:

a. Strongtooth is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by inaccurate data provided by Sellers, by any of the equipment or programming associated with or utilized in the Service, or any other cause.

b. Strongtooth does not undertake to monitor, control, or edit any posted Content.

c. Strongtooth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications (e.g. emails sent through the Website).

d. Strongtooth is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.

e. Under no circumstances will Strongtooth be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.

f. The Website and the Service are provided “AS IS” and “AS AVAILABLE” and Strongtooth expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Strongtooth cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

11. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Strongtooth be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Strongtooth has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Strongtooth’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount earned by Strongtooth, if anything, by your actions using the Service for the particular session in question.

12. Local Compliance. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content (e.g. in emails sent through the Website). Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State and New York, City of New York.

14. Indemnity. You agree to indemnify and hold Strongtooth, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

16. Other. This Agreement, accepted upon use of the Website, contains the entire agreement between you and Strongtooth regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

This agreement was last updated on July 2, 2007. If you have any questions regarding the terms of use, please contact evan@strongtooth.com

I am at least 18 years old and agree to the