Terms of Service and Privacy Policy

This is a legally binding contract between you and Texas Election Source LLC. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, and we welcome your feedback to [email protected] if you have suggestions or questions.

Our Terms of Service and Privacy Policy was last updated May 24, 2018.

Definitions

When we say “site” or “service,” we mean txelects.com and the services offered through that site.

When we say “we,” “us,” or “our,” we mean Texas Election Source LLC, a Texas-based limited liability company.

When we say “you,” we mean, well, you, a subscriber of Texas Election Source or a visitor to our site.

When we say “content,” we mean the copyrighted text, sound, graphics and other material owned by Texas Election Source LLC.

And when we say “terms,” we mean these terms of service and this privacy policy.

Accepting These Terms

Please read these terms before using the site. If you do not agree to these terms, you may not register for the site, and we will refund your subscription. If we make material changes to these terms, we’ll let you know either through the site or via email at the email address you provide at sign-up. If you do not agree to those changes, you may send a request to cancel your account to [email protected]. If we do not hear from you within 10 days, the revised terms will apply to you.

Privacy Policy

When you register with the site, you will be asked to provide certain personal information. Specifically, you will be asked to provide your name, your email address and your payment information, which is typically a valid credit card. You may also be asked to provide your employer’s name and submit a sales tax exemption certificate if you sign up for a tax-exempt subscription plan. We may ask for a phone number to help us resolve customer service or billing issues. Our server will detect and record the IP address of whatever device you use to access our site, and we may collect information on the type of device, browser and other technical information that helps us better understand how you experience our site.

We will store your personal information, but will not share it with any third parties, except as necessary to provide the services we offer, to monitor usage, to protect our content and your data, and to improve our service. For example, we will store your personal information on a third-party server such as Memberful, Stripe or Square, which are vendors we use to manage our subscriptions and process credit card payments. We use Google Analytics to learn how you and other users are using the site and how we can improve your experience. We also use your personal information to send you notifications, at the email address you provided at sign-up, about new contest posted to the site and to respond to customer support requests. We will never share your personal information with advertisers or send you promotions for someone else’s services. You can access and change your personal information, including your credit card number, or cancel your account by logging in to your account settings page.

We may be required to disclose your personal information in order to:

  • comply with the law or legal process;
  • protect or defend our rights or property, or the rights or property of others;
  • enforce these terms; or
  • respond to claims that the content on our site violates the rights of others.

If we must disclose your personal information in order to comply with the law or legal process, we will inform you as soon as practicable at the email address you provided at sign-up, provided that it is lawful for us to do so.

We will aggregate user information and perform statistical analyses of the collective behavior of our members and visitors to measure overall demographics and to analyze how to improve our site. We may share this aggregated information with third parties that help us improve our site and users’ experience, but such aggregated information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or are interested in Texas politics.

We use session and login cookies, which help us keep track of when you are logged in and determine the content you’re using. We will also capture login timestamps, usage statistics and IP addresses. Generally speaking, we do not examine this data in detail but instead aggregate it to understand how our users experience our site. We may use your specific usage data to respond to a customer service request or to protect our content from unauthorized use.

We will communicate with you via email to the email address you provided at sign-up. Some communications, such as emails informing you of new features or content, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to [email protected] and we will cancel your account. We may call you if we have a phone number on file. We will call you solely to respond to your customer service request or to resolve a billing issue.

With your permission, we may publish on our site favorable reviews or comments you make and use those reviews or comments as part of our promotional materials. Such usage will identify your name, your employer and/or occupation and the fact that you are a subscriber of our service.

If we become aware of a breach of data security that may involve your personal information, we will notify you as quickly as possible at the email address you provided at sign-up.

Permitted Users

Our site is designed for use by adults who are interested in Texas politics and elections. You must be 18 years of age or older to subscribe to our service. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us and are doing so by your agreement to these terms. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us at [email protected].

Copyright and Intellectual Property

We own the content on our site, except as specified in “Information About Candidates” below.

We are not a social network, and we do not provide any means for you to upload content of your own to our site. There are lots of other places where you can do that.

All site content; the selection, compilation, arrangement and presentation of all materials; and the overall design of the site are copyrighted by us and are protected by U.S. and international laws. You may share our content with friends and colleagues, but please don’t share all of it. Our subscription fees are much lower than those of related services, so please don’t give away everything we do.

Our site is powered by WordPress and uses the Divi theme designed by Elegant Themes. It uses third-party plug-ins for increased functionality. Those authors own the copyright to their underlying code, and we have modified it only to the extent permitted by those authors.

Information About Candidates

We publish photographs of candidates on our site. As much as possible, we use candidates’ current or recent social media profile photos, which we obtain from their web sites and social media profiles at the time we enter them into our database. The candidates retain their copyright on those photos, and we consider their publication here a “fair use” which is incidental to our service and helps our subscribers identify the candidates running for public office in Texas. We also publish publicly available identifying information about candidates for office in Texas, including hometown, occupation, public offices held and prior election results.

If you are a candidate, or a candidate’s representative, and wish to supply us with a different photograph or updated biographical information, or if you would like for us to cease using a photograph, please contact us at [email protected], and we will correct/update/cease as soon as possible.

Copyright Infringement

Texas Election Source LLC deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

If you believe that any information or content has been posted on the site in violation of copyright law, please send a notice of copyright infringement containing the following information to the designated agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Contact information for the notifying party, including name, address, telephone number and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

Designated Agent
Jeff Blaylock
7421 Burnet Rd., #307
Austin, TX 78757
[email protected]

Data use

We have some ground rules which you must adhere to when using the site. You agree not to do any of the following:

  • Threaten us, other users or candidates with violence
  • Use hateful, abusive, harassing, libelous or obscene language towards other users
  • Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email
  • Use the site to distribute viruses or other harmful, disruptive, or destructive files;
  • Use or attempt to use another person’s account;
  • Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
  • Attempt to obtain unauthorized access to the site;
  • Impersonate another person;
  • Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials; and
  • Systematically harvest data from the site, or programmatically register accounts on the site.

You further agree that you are responsible for your actions in relation to the site; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.

If it appears you have violated any of these rules, we may, in our sole discretion, limit your access to the site or terminate your account.

Canceling Your Account

You can cancel your account at any time by sending an email to [email protected].

By default, our subscription plans are set to renew automatically, which ensures your access to the site and receipt of new content is uninterrupted. You may disable the auto-renew feature, which will cause your account to expire at the next renewal date unless you take action to renew it.

We keep your subscription information in our database. We have found that past subscribers have reopened their accounts as we get closer to a major election. However, we can completely erase your information by deleting your account entirely if you ask us to do so by sending an email to [email protected].

Now we get into the legalese stuff.

Disclaimer of Warranties

We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.

Limitations of Liability

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from:

  • The use or the inability to use the site
  • The cost of procurement of substitute goods and services
  • Unauthorized access to or alteration of your transmissions or data; or
  • Loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.

The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless us from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Right to Terminate

We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time. If we terminate access to the site or cease to add new content, we will provide a pro-rated refund of your subscription fee.

Other Terms

These terms shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Travis County, Texas, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent.

These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Attribution

We adapted the Terms of Service and Privacy Policy of Editorially under a Creative Commons Attribution-ShareAlike license and modified their language to suit our needs.

©2018 Texas Election Source LLC