DISCLAIMER: All items offered for sale, even if authentic in appearance, are intended for novelty purposes ONLY.  They are NOT intended for, and we fully disclaim any liability for, their use in any matters perpetrating unlawful conduct.  In no way does OhMyGov.com claim to be affiliated, endorsed by or connected with, in any way, any governmental institution or agency.

COPYRIGHT STATEMENT

This Service, including but not limited to text, content, photographs, video and audio, is protected by copyright as a collective work or compilation under U.S. copyright and other laws. You must abide by all additional copyright notices or restrictions contained in this Service.

You may create Web links to any URL on OhMyGov.com, including articles.

YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THIS SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THIS SERVICE FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE AS FOLLOWS: YOU MAY MAKE ONE MACHINE READABLE COPY AND/OR ONE PRINT COPY THAT IS LIMITED TO OCCASIONAL ARTICLES OF PERSONAL INTEREST ONLY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT DISTRIBUTE ANY PART OF THIS SERVICE OVER ANY NETWORK, INCLUDING A LOCAL AREA NETWORK, NOR SELL NOR OFFER IT FOR SALE. IN ADDITION, THESE FILES MAY NOT BE USED TO CONSTRUCT ANY KIND OF DATABASE.

 

PRIVACY STATEMENT 

THE BASIC PRINCIPLE

We will never disclose your personally identifiable information to any third party for their use without first receiving your express written permission.  The sole exception to this operating principle is if the information is requested by the Government via a subpoena, court order, or search warrant.  Even then, we will do everything in our power to protect your privacy.

We will not send you e-mail unless you have requested it or unless it documents a transaction you have initiated.

PERSONAL INFORMATION USE

You can access our website and use our services free of charge, but sometimes we will ask you to submit minimal personally identifiable information such as an email address or non-identifiable information such as basic demographic information so we can better understand our readership.

WHEN DO WE COLLECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You must provide some personally identifiable information in order to use certain features of our website.

Some examples:
- Signing up for e-mail newsletters
- Placing a job posting, announcement, or advertisement
- Establishing an OhMyGov! login account and profile
- Volunteering information when posting comments
- Purchasing goods or services

Whenever reasonably possible, we offer you choices when we ask for personal information. You may decline to provide personal information to us and remain anonymous.  However, to use some of the services listed above, we will require, at the very least, a valid email address.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?

The information we collect for services will vary, but may include your name, address, zip code, e-mail address, and phone number.  Wherever we collect personally identifiable information, we will make an effort to link to our privacy statement and will secure the information in accordance with industry best practices.



HOW DO WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION?

We will not share or provide any personally identifiable information we collect, such as names, e-mail addresses and phone numbers to third parties without your express written permission.

When you submit a comment or news tip on our website, an editor or reporter may contact you for clarification or for permission to use your comments in other publications or parts of the website.  We value your input and readership, and will never violate your personal privacy or desire to remain anonymous.  

NON-IDENTIFIABLE INFORMATION USE

The people who make it possible for us to provide free content to you are our advertisers. To enable advertisers to invest their media dollars appropriately, we may provide advertisers with a general summary about the demographics of our readership and usage of our site.  We will never disclose your identity or any means to locate your identity to advertisers or third parties without your written permission.

From time to time, we may conduct online surveys which ask for some personal information such as your age, sex, race, income, political party affiliation, job type, or other variables.  We use this information in order to prevent sampling bias and conduct analyses to enhance understanding of the survey results.  For example, if we asked our readers if they thought taxes should be raised or lowered and 100% of respondents said "raised," we would need to investigate if the survey respondents adequately represented both political parties.   

HOW DO WE USE COOKIES AND WEB BEACONS?

A cookie is a small file that stores information in your web browser on your computer. OhMyGov! may place cookies in your browser that contain some of the information you provide when you register with us.  Cookies are completely harmless to your computer, software, and privacy.  Almost every website uses cookies to enhance navigation speed and services for web users.  For example, cookies allow you to automatically populate your user name so you can simply enter your password to log into the site.  You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  However, some website features or services may not function properly without cookies.

We do not store highly sensitive personal information such as your password, e-mail address or credit card number in cookies.  Cookies enable us to summarize overall usage patterns on our website so we can better cater content to the needs of our readers.  Cookies also allow us to limit users to only one entry for an online poll.

A web beacon is an invisible graphic on a web page that is programmed to collect non-personally identifiable information about your use of a given site sites.  OhMyGov does not use web beacons.

For more information, please contact us at support@ohmygov.com.  

 

TERMS OF USE

Whereas OhMyGov.com is a wholly owned subsidiary of Kilimedia, LLC.  This Agreement ("Agreement") represents a contract between you ("user") and Kilimedia, LLC and governs the use of Kilimedia LLC's OhMyGov.com website(s).  

BY USING THE SERVICES PROVIDED BY KILIMEDIA, LLC, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (see below) AND LIMITATION OF LIABILITY (see below).   IF YOU DO NOT AGREE TO THESE PROVISIONS OR ANY OF THE OTHER TERMS OF THIS AGREEMENT, DO OT INSTALL OR USE THE OHMYGOV.COM WEBSITE AND/OR ANY OTHER SERVICES OF KILIMEDIA, LLC.  


1. ACCEPTANCE OF THE TERMS

a. The webpages available at www.OhMyGov.com, and all linked pages ("site"), are owned and operated by Kilimedia LLC, and is accessed by you under the Terms of Use described below ("Terms of Use").

By using and/or visiting this website (collectively, including all content available through the OhMyGov.com domain name) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (Terms of Use/Service) AND THE TERMS AND CONDITIONS OF OHMYGOV.COM'S PRIVACY STATEMENT,  WHICH ARE LOCATED AT http://www.ohmygov.com/legal AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.  If you do not agree to any of these terms, then please do not use the ohmygov website.  

Kilimedia, LLC provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the service") subject to the following Terms of Use.  By using the service in any way, you are agreeing to comply with the Terms of Use.  When using particular Kilimedia, LLC services, you agree to abide by any applicable posted guidelines for all Kilimedia, LLC services, which may change from time to time.  Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with OhMyGov.com in any way, your only recourse is to immediately discontinue the use of OhMyGov.com

2. MODIFICATIONS TO THIS AGREEMENT

a. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof.  You must review this agreement on a regular basis to keep yourself apprised of any changes.

Use of the Services by you following such notification constitutes assent to the terms and conditions of the Terms of Use as modified.   It is your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes.  

b. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPATBLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP.  YOUR CONTINUED USE OF THE SERVICE NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.  

c. Kilimedia, LLC may change, suspend or discontinue any aspect of the Service at any time, including availability of any Service feature, database, or content.  Kilimedia, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  

3. DESCRIPTION OF SERVICE

a. Subject to full compliance with the Terms of Use, Kilimedia, LLC may offer to provide certain services and content on the Site, ("Services").  Services shall include, but not be limited to, any service and content OhMyGov.com performs or offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site.  Kilimedia, LLC may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content.  Kilimedia, LLC may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.  

b. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service.  

c. You understand that Kilimedia, LLC does not control, and is not responsible for Content posted to the site by its users and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  

d. Kilimedia, LLC Content made available through the Service may contain links to other websites, which are completely independent of Kilimedia, LLC.  Unless expressly conveyed, Kilimedia, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.  You agree that you must evaluate and bear all risks associated with the use of any Content that you may not rely on said Content. UNDER NO CIRCUMSTANCE WILL Kilimedia, LLC BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.  

e. You acknowledge that Kilimedia, LLC does not pre-screen or approve Content, but that  Kilimedia, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use for any other reason.   

4. CONTENT AND MEMBER SUBMISSIONS

a. The content of the Kilimedia, LLC internet service is intended for your personal, noncommercial use.  All materials published on OhMyGov.com  are protected by copyright, and owned or controlled by Kilimedia, LLC or by the party credited as the provider of the Content.  You shall abide by all additional copyright notices, information, or restrictions in any Content accessed through the Service.  

b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.  

c. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein.  Copying or storing any Content for other than personal use is expressly prohibited without prior written permission from Kilimedia, LLC or the copyright holder identified in the copyright notice contained in the Content.  

d. Certain Content is furnished by news sources such as the Associated Press and Reuters, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.  

e. Podcasts.  Kilimedia, LLC's podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable player.  

 i. The Podcast Service is available only for private, non commercial use.  Any other uses, including without limitation the incorporation of advertising to or the placement of advertising associated with or targeted towards the Podcast Content are strictly prohibited.  You may not edit or modify or redistribute the Podcast Content or links supplied by Kilimedia, LLC..  

 ii. Ownership:  Kilimedia, LLC's Podcast Service and the Podcast Content are protected by the U.S. and international copyright laws.  Kilimedia, LLC owns all rights including copyright to the Podcast Content, and to OhMyGov.com/Kilimedia logos and trademarks used in connection with the Podcast Service.  

 iii. Right to Discontinue Podcast Service:   Kilimedia, LLC reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of this Terms of Use Agreement.  

 iv. Kilimedia, LLC assumes no liability for any of your activates in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or digital player.  

5. REGISTRATION OBLIGATIONS

a. As a condition of using certain Services, you may be required to register with Kilimedia, LLC and select a password and screen name.  Registered users must be at least 13 years old. You may not (i) select or use an OhMyGov.com User ID that contains the name of another person with the intent to impersonate that person; (ii) use as an OhMyGov.com User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an OhMyGov.com User ID a name that is otherwise offensive, vulgar or obscene.  

Kilimedia, LLC reserves the right to refuse registration of, or cancel an OhMyGov.com User ID in its discretion.  You shall be responsible for maintaining the confidentiality of your OhMyGov.com password.  

b. You shall notify support@OhMyGov.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.  

c. You must be 13 years or older to be a registered user; however, persons of all ages may use the web site.

d. You are responsible for all usage or activity on your OhMyGov.com account, including use of the account by any third party authorized by you to use your User ID and password.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at  Kilimedia, LLC's sole discretion, and Kilimedia, LLC may refer you to appropriate law enforcement agencies.  

6. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Kilimedia, LLC.

By way of example, and not as a limitation, you agree NOT to use the Services:

 i. to abuse, harass, threaten, impersonate or intimidate other OhMyGov.com users;  

 ii. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, sexually explicit, abusive, offensive or otherwise violates any law or right of any third party, or for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

 iii. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any OhMyGov.com user;  

 iv. to create or submit unwanted email ("Spam") to any other OhMyGov.com user or any URL;

 v. to violate any laws in your jurisdiction (including but not limited to copyright laws);  

 vi. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;  

 vii. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper, search engines or other automated means to access the Site for any purpose without Kilimedia, LLC's express written permission.  Additionally, you agree that you will not: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;  

 viii. with the intention of artificially inflating or altering the blog count, comments, or any way of creating separate user accounts for the purpose of artificially altering Kilimedia, LLC's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Kilimedia, LLC's services.  

b. Kilimedia, LLC may remove any Content and accounts at any time for any reason upon receipt of claims or allegations from third parties or authorities relating to such Content, or for no reason at all.  To report Terms of Use violations, please email us at: abuse@OhMyGov.com

7.   FORUMS, DISCUSSIONS AND USER GENERATED CONTENT

a. You shall not upload to, distribute, or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, sexually explicit, abusive, or otherwise illegal material.

b. Be courteous.  You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."  

c. Use respectful language.  Like any community, the Forums flourish only when our Members feel welcome and safe.  You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.  Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.  

d. Debate, but don't attack.  In a community full of opinions and preferences, people always disagree.  Kilimedia, LLC encourages active discussions and welcomes heated debate in our Forums.  But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.  

e. The Forums shall be used only in a noncommercial manner.  You shall not, without the express approval of  Kilimedia, LLC, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.  

f. You are solely responsible for the content of your messages.  However, while  Kilimedia, LLC does not and cannot review every message posted by you on the Forums, and is not responsible for the content of these messages,   Kilimedia, LLC reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.  

g. You acknowledge that any submissions you make to the Service (i.e. user generated content including but not limited to Review, Commentary, video, or audio) may be edited, removed, modified, published, transmitted, and displayed by  Kilimedia, LLC and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.  With respect to video submissions, you grant  Kilimedia, LLC a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the video, which includes without limitation the right for  Kilimedia, LLC or any third party  Kilimedia, LLC designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any video posted by you on or to OhMyGov.com, including video posted on OhMyGov.com through a third party.  

h. By submitting a review or comment on an article, you are consenting to its display on the site and for related online and offline promotional uses.  

i. Any person involved in or affiliated with the production of a work reviewed on OhMyGov.com may not submit a review for that work or competing works.

j. You shall not post anything that constitutes or contains any form of "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.

k. You shall not post anything that constitutes or contains any illegal service or promotes the sale of items that are prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Delaware law.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

a. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on OhMyGov.com, or unless source quoted, you represent and warrant that you own all rights to the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain {see  below)

 i. Copyright-Only Dedication (based on United States law) or Public Domain Certification

1. The person or persons who have associated work with this document (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain.  A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.  

2. A certifier has taken reasonable steps to verify the copyright status of this work.  Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.  

3. Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors.  Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, and the Work Dedicator understands that relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.

4. Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.

 
9. THIRD PARTY CONTENT, SITES AND SERVICES

a. The OhMyGov.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of OhMyGov.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

b. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other items, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

c. You agree that Kilimedia, LLC shall not be responsible or liable for any loss of damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Kilimedia, LLC is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release Kilimedia, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of any kind of nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.  If you are a Californian resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the tie of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

d. Posting Agents: 

A "Posting Agent" is a third party agent, service, or intermediary that offers to post Content to the Service on behalf of others.  To moderate demands on Kilimedia, LLC's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Kilimedia, LLC.  . 

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Kilimedia,LLC's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

support@OhMyGov.com

Please provide our Agent with the following Notice:

a. Identify the material on the OhMyGov website that you claim is infringing, with enough detail so that we may locate it on the website;

b. 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;

c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 

d. Your address,  telephone number, email address; and

e. Your physical or electronic signature.

Kilimedia, LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DCMA). 

a. ACCESS TO THE SERVICE Kilimedia, LLC grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.  This license does not include: (1) access to the Service by Posting Agents; or (2) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by  Kilimedia, LLC.  A limited exception to (2) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.  "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. 

b.  Kilimedia, LLC permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g.., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the Terms of Use, absent express permission granted by  OhMyGov.com to do so.  You may also create a hyperlink to the homepage of Kilimedia, LLC's sites so long as the link does not portray OhMyGov.com, Kilimedia, LLC, its employees, or affiliates in a false, misleading, derogatory, or otherwise offensive matter. 

c.  Kilimedia, LLC offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.   Kilimedia, LLC permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to Kilimedia, LLC as the source., (d) your use or display does not suggest that Kilimedia, LLC promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Kilimedia, LLC's systems.  Kilimedia, LLC reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. 

d. Use of the Service beyond the scope of authorized access granted to you by  Kilimedia, LLC immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from  Kilimedia, LLC. 

11. PRIVACY AND INFORMATION DISCLOSURE

 Kilimedia, LLC has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.OhMyGov.com/legal

12. TERMINATION OF SERVICE

You agree that Kilimedia, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service for any reason, including, without limitation, if  Kilimedia, LLC believes that you have acted inconsistently with the letter or spirit of the Terms of Use.  Further, you agree that Kilimedia, LLC shall not be liable to you or any third party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination. 

13. PROPIETARY RIGHTS

a. The service is protected to the maximum extent permitted by copyright laws and international treaties.  Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions.  Any reproduction, modification, creation of derivative works from or redistribution of the site or collective work, and/or copying or reproducing the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kilimedia, LLC .  You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Kilimedia, LLC , and agree to abide by any and all copyright notices displayed on the Service.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.  Without limiting the foregoing, you agree not to reproduce, duplicate or copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service.  . 

b. Although Kilimedia, LLC  does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, represent and warrant that you have the right to grant to Kilimedia, LLC  an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.  Furthermore, by posting Content to any public area of the Service, you automatically grant  Kilimedia, LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 

 14. DISCLAIMER OF WARRANTIES

c. Kilimedia, LLC uses reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.   Kilimedia, LLC does not represent or warrant that use of any Content will not infringe rights of third parties.   Kilimedia, LLC has no responsibility for actions of third parties or for content provided or posted by others. 

d. YOU AGREE THAT USE OF THE OHMYGOV.COM SITE AND THE SERVICE IS ENTRIELY AT YOUR OWN RISK.     THE OHMYGOV SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. OHMYGOV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABLITY, TIMLINESS, ACCURACY, AND PERFORMANCE OF THE OHMYGOV SITE AND THE WARRANTEIS FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTIESED ON THE OHMYGOV SITE, OR ACCESSED THROUGH ANY LINKS ON THE OHMYGOV.COM SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW,  Kilimedia, LLC  DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE OHMYGOV.COM SITE OR SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 

15. LIMITATIONS OF LIABLITY

UNDER NO CIRCUMSTANCE SHALL Kilimedia, LLC  BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Kilimedia, LLC  HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES), WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE OHMYGOV.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE OHMYGOV.COM SITE OR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MUSUSE OF THE OHMYGOV.COM SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERNATION, OR TERMINATION OF THE OHMYGOVE.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PORDUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OHMYGOV.COM SITE OR THE SERVICE OR ANY LINKS ON THE OHMYGOV.OCM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OHMYGOV.COM SITE OR THE SERVICE OR ANY LINKS ON THE OHMYGOV.COM SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  In some jurisdictions, some of the foregoing limitation my not apply to you. 

16. IDEMNITY

You agree to indemnify and hold Kilimedia LLC, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another. 


17. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and  Kilimedia, LLC and govern your use of the Service, superseding any prior agreements between you and Kilimedia LLC.  The Terms of Use and the relationship between you and Kilimedia LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.  The failure of Kilimedia to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of right or provision. 

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 

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 the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

a. Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by email using the following address: support@ohmygov.com

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 understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Kilimedia, LLC to pursue legal action to enforce the Terms of Use, you will be liable to pay Kilimedia LLC the following amounts as liquidated damages, which you accept as reasonable estimates of Kilimedia, LLC's damages for the specified breaches of the Terms of Use:

b. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Kilimedia LLC one thousand dollars ($1000) for each such message.  This provision does not apply to messages that are lawful non-deceptive parodies of public figures.***

c. If Kilimedia, LLC establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Kilimedia LLC one hundred dollars ($100) for each message posted in excess of such limits, or for each day on which you access Kilimedia, LLC's services in excess of such limits, whichever is higher. 

d. If you send unsolicited email advertisements to Kilimedia, LLC/ OhMyGov.com email addresses or through Kilimedia, LLC/OhMyGov.com's computer systems, you agree to pay Kilimedia LLC twenty five dollars ($25) for each such email. 

e. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay Kilimedia LLC one hundred dollars ($100) for each and every Item of Content posted in violation of the Terms of Use.  In its sole discretion,  Kilimedia, LLC may elect to issue a warning before assessing damages. 

f. If you are a Posting Agent that uses the Service in violation of the Terms of Use, in addition to any liquidated damages, you agree to pay Kilimedia LLC one hundred dollars ($100) for each and every Item of Conant posted in violation of the Terms of Use.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay Kilimedia LLC an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the Terms of Use. 

g. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms of Use without  Kilimedia, LLC's express written permission, you agree to pay Kilimedia LLC three thousand dollars ($3000) for each day on which you engage in such conduct.