Terms and Conditions of Services

  1. Introduction

    Welcome to PoliticalBank! And thank you for taking the time to review "the small print."

    We've tried to keep everything pretty simple. As such, feel free to contact us if you need clarity, and, as with anything "legal" in nature, it's always advisable to seek counsel from your own attorney for any questions or concerns.

    That said, PoliticalBank has two fundamental rules:

    1. Never, under any circumstances, access or create a candidate profile if (i) you are not a candidate, or (ii) you are not – or don't have permission from – the candidate whose profile you're accessing or creating. We will cooperate with all relevant law enforcement authorities to prosecute this type of activity.

    2. Conduct yourself like a grown-up while using our services. Don't use PoliticalBank's services to do something that is fraudulent, unfair, dishonest, or otherwise harmful to us or someone else. Basically, don't do anything that would upset your mother or be embarrassing if it was published on the front page of the newspaper.

    These terms and conditions provide information about our online and mobile services, website, and software (collectively "services"). As a formality, please note that "you," "user," "users," "registered users," all have the same basic meaning, which is anyone using or accessing our services including users' agents, staff, affiliates or proxies. "Candidate(s)" means candidates, incumbent office holders, campaigns, or other persons recognized as an elected or appointed official who are able to accept legally campaign contributions. Similarly, "we," "our," etc. refer to our website, PoliticalBank.com, and everyone on Team PoliticalBank including our members, affiliates, officers, advisors, employees, contractors, subsidiaries, and suppliers.

    Again, thank you for visiting PoliticalBank! If you have time, let us know how we're doing or how to improve at support@politicalbank.com .

  2. Privacy Policy

    We hold you and your personal information in the highest regard. We consider "personal information" to be information that identifies you personally; including your name, email address, and billing information ("personal identifier"). Personal Information does not include the content you post on PoliticalBank or aggregate information we collect from users generally.

    PoliticalBank collects information, including personal information, when you voluntarily register and maintain your account, contribute money, participate in surveys or promotions, communicate with us, engage in social media/feed activity, or otherwise use our services.

    PoliticalBank may collect information automatically or through what's called "passive collection"; e.g., your IP address, browser type, your activity on our or other websites. We treat this as aggregate information unless it is combined or linked with a personal identifier, in which case we treat it as personal information. We may also collect information through "Cookies" or web beacons, which is for the primary purpose of helping us improve our services and your PoliticalBank experience.

    Pursuant to local, state, and/or federal campaign finance laws, PoliticalBank must collect personal information from contributors. At no time does PoliticalBank document or retain your credit card information. Please note, we provide relevant information to candidates because they may be required to report certain information about those who contributed to their campaign.

    PoliticalBank does not knowingly ask for or collect personal information from minor children. If you become aware that a child within your custody provided PoliticalBank with personal information without your consent, please contact us immediately at support@politicalbank.com .

  3. Terms of Services Agreement

    By accessing or using PoliticalBank's services, you signify that you have read, understand, and agree to be bound by this Terms of Services Agreement ("Agreement"). If you use our services to browse, donate, collect contributions, or otherwise take an action, then you accept this Agreement. If you do not agree to be bound by this Agreement, then you may not use or access our services.

    For registered users, this Agreement is effective upon registration. For all other users, it is effective on the date you access our services. Your use of the services is also governed by – and signifies agreement to – PoliticalBank's privacy policy.

    Users agree that PoliticalBank is merely a passive conduit for the information created, published, and disseminated via our services. We do not endorse any user content nor are we liable for any user content, interactions, actions or inactions related to our services. Users, including users' agents, proxies, staff, political affiliates, etc. are solely responsible for the information posted on PoliticalBank regardless of the user's knowledge or consent. Users should notify PoliticalBank if you're unable to remedy any inaccurate or incomplete information. You are also obligated to report lost or stolen account information (e.g., username, password, etc.).

    PoliticalBank may, without notice, change or cease our services or impose usage limits. We may temporarily or permanently suspend your services for any or no reason, but we will always notify you of said suspension and give you a reasonable opportunity to respond and remedy any concern. However, at no time are you unbound from this Agreement.

    Users affirm, represent, and warrant that by creating, posting, disseminating or otherwise making information available via our services that:

    • PoliticalBank has worldwide right and license to your content and information, without cost to PoliticalBank, and that such license includes a right to sublicense and transfer the respective information;

    • you are a candidate or you have provable consent to use the candidate's name or likeness in the manner contemplated by PoliticalBank's services and this Agreement, and you've been released from any liability that may arise in relation to your use;

    • your user content and PoliticalBank's use thereof, as contemplated by this Agreement and our services, will not violate any law or infringe any rights;

    • PoliticalBank may exercise the rights to your user content granted under this Agreement without liability for payment of any residuals, fees, royalties, guild fees, residuals or payments under any contract to which PoliticalBank is not a party; and

    • the information is truthful and accurate. You also understand and agree that you may be exposed to other users' content that is inaccurate, untimely, incomplete or otherwise objectionable, and you agree that PoliticalBank shall never be liable for any damages you (allege to) incur as a result of others’ content.

    User content is information that is published or communicated using PoliticalBank's services. Users agree not to use PoliticalBank to publish or communicate, and that PoliticalBank is not liable for, information that: (i) knowingly creates a risk of harm, loss, injury, or damage to yourself, another person or property; (ii) may cause another person to knowingly harm a person or property; (iii) that you know – or should know – is inaccurate, incomplete, or untimely; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal, privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) you do not have a right to publish or communicate; or (viii) violates any third-party rights of any kind, including without limitation intellectual property, privacy, and/or publicity rights.

    1. Your Content

      You own all of the content and information you publish or post on PoliticalBank. In addition:
      For content that is covered by intellectual property (IP) rights, like pictures, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PoliticalBank's services (IP License). Except for changes in your political ideology (i.e. positions), this IP License ends when you delete your IP content or PoliticalBank terminates your account unless your content was lawfully shared, copied, or used by others, and they have not deleted it.

      You understand and agree that the content you publish is available for everyone to access, use, and associate it with you. This is entirely consistent with PoliticalBank's mission to increase transparency in the political process. In addition, even if you delete content, it may persist in a "backup" format for a reasonable period of time despite not being available to others.

      We always appreciate your feedback or suggestions about PoliticalBank. Please understand that if you choose to submit feedback or suggestions, we may use them without compensating you.

    2. Compliance with Applicable Laws

      Political contributions and activity are potentially subject to local, state, and federal laws. As such, you may have tracking, reporting, filing and other legal obligations. Upon request, PoliticalBank will help in good faith to resolve your campaign-related questions. However, at no time shall PoliticalBank be held liable for false, inaccurate, untimely, or incomplete information provided to you in the course of these services. Further, you are entirely responsible for complying with all relevant laws and obligations. PoliticalBank shall never be liable for your failure to comply with any and all legal or other obligations.

      PoliticalBank is not responsible for tracking or identifying the source of contributions or validating the legitimacy of said contributions. As such, candidates are solely responsible for the total contributions made by individuals or organizations, whether or not they are processed using PoliticalBank's services, including compliance with all relevant campaign finance laws.

      Users also agree to provide contributors notices, privacy and otherwise, that comply with the disclosure requirements in all relevant jurisdictions. PoliticalBank's "Contribution Terms" that it provides to contributors may not satisfy the laws in every jurisdiction. As such, users may contact PoliticalBank in the event our terms are inadequate and we will assist you with any necessary supplementation.

    3. Your Account
      1. Payment & Termination

        Candidates may terminate their account at any time through the account options setting. PoliticalBank also reserves the right to suspend, terminate, or delete free accounts for any reason, including inactivity or candidates' failure to respond to our inquiries about their account status. Free accounts will be terminated on or before the final calendar day of the month in which we receive your notice.

      2. Pricing

        It’s free for both voters and candidates to sign up on PoliticalBank. For candidates who then set up a donation account to be able to accept campaign contributions via PoliticalBank, we collect a donation processing fee of 5.4% per donation. When setting up a donation account, candidates must provide the campaign committee title listed on the campaign's organization documents filed with the requisite election oversight official, as well as the bank account information for the committee. PoliticalBank does not store this information, rather we use Stripe as our built-in processing firm. Stripe is one of the safest and most used firms for political campaigns.

      3. Refund Policy

        PoliticalBank will not process refunds of political contributions, which are final and not subject to a return for any reason. However, PoliticalBank stands ready to connect contributors with candidates so the parties can resolve any erroneous contribution directly with each other.

        Similarly, candidates are solely responsible for ensuring contributions do not exceed the relevant jurisdictional limitations. If candidates receive contributions that exceed or violate campaign finance laws, candidates must coordinate with the appropriate parties to remedy said violation.

    4. No Warranty

      Users agree to accept our website and our services "as is" – without any warranty or condition, whether expressed, implied, or statutory, including warranties of merchantability, non-infringement, or fitness for a particular purpose.

      In addition, despite our efforts to the contrary, we cannot guarantee that our services will be continuous, uninterrupted, or secure. Operation of or access to our services may be incompatible with other services, hardware or software, and interference with our services might occur due to external factors that are unforeseen or outside of our control.

    5. Repair

      PoliticalBank promises to work diligently to ensure every user has an enjoyable and satisfactory experience using our website and leveraging our services. Upon written notice, PoliticalBank will repair or replace any failure, technical deficiency, defect or non-conforming service for which the user is not responsible pursuant to the terms of this Agreement.

    6. Limit of PoliticalBank's Liability

      PoliticalBank shall not be responsible for any claims against users by any third party nor shall we be liable for property damage, personal injury, loss of data, loss of money, interruptions, out-of-pocket expenses, or any direct, indirect, special, consequential, punitive, exemplary, or incidental damage, however caused, whether based on contract, tort, strict liability, warranty, statutory rights, or any other basis arising out of, or connected with this Agreement, or the sale, delivery, reliance, or use of any results of any services furnished by PoliticalBank. In the event that any of the foregoing limitations of liability are void or not effective, the user agrees that PoliticalBank's liability under this agreement and all addenda hereto shall in no case exceed the lesser of: (i) total amount the user paid to PoliticalBank in the six (6) months prior to the action giving rise to liability, or (ii) $150.00.

    7. Indemnity

      The user shall defend, indemnify and hold harmless PoliticalBank from and against all losses, claims, liabilities, debt, or damages and any related costs and expenses, including court costs and reasonable attorneys' fees arising out of, or in any way related to any claim or action against PoliticalBank arising out of or in any way related to a breach of this Agreement by the user; the user's use of and access to our services; any other party's access and use of our services with the user's unique account information; a breach of any agreement between the user and any other person; or any act, omission, negligence, or willful misconduct of the user.

    8. IP Protection

      PoliticalBank does not permit the use of our services to facilitate copyright – or any other intellectual property right – infringement, and we reserve the right to take all appropriate measures to prevent infringing activities. You are subject to liability to us, as well as any third party whose IP rights you violate.

      Please contact our administrator if you believe your IP rights have been violated and we will provide you the necessary contact information for our designated legal agent.

    9. Assignment

      This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the user, but may be assigned by PoliticalBank without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    10. Notices

      All notices may be emailed to support@politicalbank.com . Our excellent support staff will provide you with the information you need to ensure your notice gets to the right person or provide you with the appropriate contact information for the individual you wish to notify.

    11. Modification or Amendment

      PoliticalBank reserves the right to amend this Agreement, as well as our terms and conditions, at any time by posting the amendment or modification on our website. These changes are effective three (3) days after we initially post them. If they are substantive changes, we will notify users by email, if available, within a reasonable time of the effective date. At no time will we increase fees, charges, etc., or do anything that might compromise your privacy rights without plenty of advance notice. We hold ourselves to the basic rules above, just as you are held to them.

      Neither this Agreement nor the services terms and conditions may be otherwise amended except by written agreement between the user and PoliticalBank.

    12. Entire Understanding

      This Agreement constitutes the entire understanding and agreement of the parties, and any and all prior agreements and representations, if any, are hereby terminated and canceled in their entirety and are of no further force and effect.

    13. Waiver

      No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

    14. Intellectual Property

      Users understand and agree the name PoliticalBank, and all variations of it including PoliticalBank.com and PoliticalBank LLC, associated logos and designs, content provided or created by PoliticalBank, and our proprietary website designs and processes are protected intellectual property owned by PoliticalBank, LLC ("our IP"). Users may link their PoliticalBank account with other social media or website accounts that they own or control. However, users do not have a license to use our IP for any other purpose and may be liable for such use.

    15. Governing Law & Dispute Resolution

      This Agreement shall be governed by the substantive laws of the State of Indiana, without effect or regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

      If there is any claim or dispute between you and PoliticalBank arising from our services, then you agree any such dispute shall be resolved through binding arbitration in accordance with the Commercial Rules of the American Arbitration Association by a single arbitrator nominated by PoliticalBank and acceptable to you. The venue for such arbitration shall be in the state of Indiana.

    16. Notification

      Users agree that email notifications from PoliticalBank are a valid and an acceptable form of notice for any reason. We are not responsible for any automatic filtering you, your network or email provider may apply to electronic mail.

    17. Digital Targeted Markeiting

      Users agree that PoliticalBank may submit and manage digital marketing campaigns on the users behalf. PoliticalBank reserves the right to pause or stop a Facebook campaign for any reason. PoliticalBank does not guarantee and is not responsible for the actual campaign results

    18. Financial Information Privacy

      PoliticalBank agrees to take reasonable measures designed to: (i) ensure the security and confidentiality of candidates' financial information, as well as the financial information of their contributors, that is in the possession of PoliticalBank; (ii) protect against any anticipated threats or hazards to the security or integrity of users' or contributors’ financial information that is in the possession of PoliticalBank; and (iii) protect against unauthorized access to or use of users' and contributors' financial information that is in the possession of PoliticalBank.

    Nothing in this Agreement or our terms shall prevent us from complying with the law. We reserve all rights not expressly granted to you. And, finally, you agree to comply with all applicable laws and PoliticalBank's fundamental rules you read about in the Introduction. Now, let's go make politics fun again!