TERMS & CONDITIONS

RULES FOR POSTING CONTENT

Users are free to post any content they wish as long as it complies with the following terms:

  1. No profane content.
    Content that includes profanities for the sake of research, such as polling directed to how people perceive certain terminology, may be permitted. However, profanities that appear to have no research value (e.g. they appear to be present purely for offense, shock, or to convey a tone) are not acceptable.

  2. Do not duplicate posted content.
    We understand that it may be difficult to avoid posting duplicate polls or other content. Users are encouraged to search for the presence of a poll or other content before they post it. If you find a poll worded questionably or otherwise capable of improvement, suggest your fix on the poll's page rather than reproducing substantially the same content.

  3. No frivolous content.
    Our admins are the final judges of what qualifies as frivolous, but generally this includes content unrelated to any matters of social concern.

  4. No direct market research.
    While some permitted polls may be useful for market research, polls that are themselves direct market research (such as brand comparisons) will be heavily scrutinized for social relevance.

  5. No advertisements.
    The Represented is ad-free and we aim to keep it that way. Do not post commercial content. Do not post polls or any other content that can perceived as a commercial for a product, service, or business, in disguise. While some references to commercial activities may be permitted, they will be heavily scrutinized for social relevance.

  6. Do not post intellectual property.
    This includes intellectual property owned by you or another. We cannot protect it. Don't post it.

  7. If you want to post prohibited content.
    If you believe you have a reason we should allow your content despite its failing to meet the above requirements, you may contact us directly for further consideration.

  8. More rules below.
    This is not an exhaustive list of rules for posting content. You are expected to review the agreement below in it's entirety for further rules pertaining to posting content.

We reserve the right to edit and/or take down any posted content that violates these terms or for any other reason.

FINE PRINT

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 13 contains certain changes to the general terms for users outside the United States.

Date of Last Revision: September 24, 2016

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the The Represented Principles, and is our terms of service that governs our relationship with users and others who interact with The Represented, as well as The Represented brands, products and services, which we call the “The Represented Services” or “Services”. By using or accessing the The Represented Services, you agree to this Statement, as updated from time to time in accordance with Section 10 below.

  1. Privacy

  2. Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use The Represented to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

  3. Sharing Your Content and Information

  4. You cannot control how any of the information you post on The Represented is shared. You cannot delete anything. Only The Represented administrators can delete or edit content. If you wish to have posted content deleted or edited, you must contact The Represented administrators. In addition:

    1. Do not post content that is covered by intellectual property rights (IP content). If you do, 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 The Represented (IP License). This IP License ends when your IP content has been deleted unless your content has been shared with others, and they have not deleted it.

    2. When IP content is deleted, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

    3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

    4. When you publish content or information, it means that you are allowing everyone, including people off of The Represented, to access and use that information, and to associate it with you (i.e., your username, profile, and site activity).

    5. We always appreciate your feedback or other suggestions about The Represented, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

    6. See "Rules for posting content", above.

  5. Safety

  6. We do our best to keep The Represented safe, but we cannot guarantee it. We need your help to keep The Represented safe, which includes the following commitments by you:

    1. You will not post unauthorized commercial communications (such as spam) on The Represented.

    2. You will not collect users' content or information, or otherwise access The Represented, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on The Represented.

    4. You will not upload viruses or other malicious code.

    5. You will not solicit login information or access an account belonging to someone else.

    6. You will not bully, intimidate, or harass any user.

    7. You will not post content that: is hate speech, threatening, or pornographic; or incites violence.

    8. You will not develop or operate a third-party application based on or, in any way, incorporating The Represented or its data.

    9. You will not use The Represented to do anything unlawful, misleading, malicious, or discriminatory.

    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of The Represented, such as a denial of service attack or interference with page rendering or other The Represented functionality.

    11. You will not use The Represented to harm children. All of our content is viewable by users of all ages. You will censor yourself accordingly.

    12. You will not facilitate or encourage any violations of this Statement or our policies.

  7. Registration and Account Security

  8. The Represented users provide their real data and opinions and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on The Represented, or create an account for anyone other than yourself without permission.

    2. You will not create more than one personal account.

    3. If we disable your account, you will not create another one without our permission.

    4. You will not use your personal feed for your own commercial gain, and will use a The Represented Page for such purposes.

    5. You will keep your contact information accurate and up-to-date.

    6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

    7. You will not transfer your account to anyone without first getting our written permission.

    8. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  9. Protecting Other People's Rights

  10. We respect other people's rights, and expect you to do the same.

    1. You will not post content or take any action on The Represented that infringes or violates someone else's rights or otherwise violates the law.

    2. We can remove any content or information you post on The Represented if we believe that it violates this Statement or our policies.

    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

    5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

    6. If you collect information from users, you will: obtain their consent, make it clear you (and not The Represented) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

    7. You will not post anyone's identification documents or sensitive financial information on The Represented.

  11. Mobile and Other Devices

    1. We currently provide our services for free, but please be aware that, if accessed on a mobile device, your carrier's normal rates and fees, such as data charges, will still apply.

    2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on The Represented.

  12. Payments

  13. The Represented does not provide ANY pay services at all at this time. If you are being asked for payment information on what appears to be TheRepresented.com or are otherwise being solicited for payment information pertaining to The Represented, DO NOT PROCEED. Report the activity to us.

  14. About Advertisements and Other Commercial Content

  15. The Represented is currently ad-free and we plan to keep it that way.

    However, posted content (e.g. content posted by users) is freely available to all users, including potential advertisers, and to the degree that it is out of our control what they do with it, they may use it to target you for advertisement.

  16. Special Provisions Applicable to Software

  17. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

  18. Amendments

    1. We’ll notify you before we make changes to these terms and give you the opportunity to review the revised terms before continuing to use our Services.

    2. Your continued use of the The Represented Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies, or guidelines.

  19. Termination

  20. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of The Represented to you and/or delete your account. We will notify you by email or at the next time you attempt to access your account. You cannot delete your account on your own. Subject to our approval, we may delete your account for you. In all such cases, this Statement shall terminate, but any provisions that remain relevant will still apply.

  21. Disputes

    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or The Represented exclusively in the Nassau County District Court, and you agree to submit to the personal jurisdiction of said court for the purpose of litigating all such claims. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

    2. If anyone brings a claim against us related to your actions, content or information on The Represented, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on The Represented and are not responsible for the content or information users transmit or share on The Represented. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on The Represented. We are not responsible for the conduct, whether online or offline, of any user of The Represented.

    3. WE TRY TO KEEP THE REPRESENTED UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE REPRESENTED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE REPRESENTED WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE REPRESENTED WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE REPRESENTED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE REPRESENTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE REPRESENTED WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE REPRESENTED'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  22. Special Provisions Applicable to Users Outside the United States

  23. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with The Represented outside the United States:

    1. You consent to having your personal data transferred to and processed in the United States.

    2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on The Represented (such as advertising or payments). You will not use The Represented if you are prohibited from receiving products, services, or software originating from the United States.

  24. Definitions

    1. By "The Represented" or "The Represented Services" we mean the features and services we make available, including through (a) our website at www.TheRepresented.com and any other The Represented branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins; and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. The Represented reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

    2. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with The Represented.

    3. By "content" we mean anything you or other users post, provide, or share using The Represented Services.

    4. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that we, you, or third parties can retrieve from The Represented.

    5. By "post" we mean post on The Represented or otherwise make available by using The Represented.

    6. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

    7. By "application" we mean any application or website that receives or has received data from us.

    8. By “Trademarks” we mean the "The Represented".

  25. Other

    1. This Statement is an agreement between you and The Represented, Inc. References to “us,” “we,” and “our” mean The Represented.

    2. This Statement makes up the entire agreement between the parties regarding The Represented, and supersedes any prior agreements.

    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    4. If we fail to enforce any of this Statement, it will not be considered a waiver.

    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.

    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    8. Nothing in this Statement shall prevent us from complying with the law.

    9. This Statement does not confer any third party beneficiary rights.

    10. We reserve all rights not expressly granted to you.

    11. You will comply with all applicable laws when using or accessing The Represented.