Terms and Conditions

This Terms and Conditions is applicable to Great America Network LLC and any of its subsidiaries and/or affiliates, website, websites, domains, subpages, mobile sites, mobile applications, and/or online accounts owned, and operated, maintained, or controlled by GAN, and worldwide web location and mobile-optimized versions of the same (collectively “GAN”, “we”, “us” or “our”). Your use of GAN is governed by the terms and conditions outlined in this Terms and Conditions and our Privacy Policy. Use of GAN constitutes acceptance of all terms contained herein. If you do not accept any of the terms contained herein, you must cease use of GAN immediately.

We may revise and update these Terms and Conditions at any time, with or without notice. Your continued usage of GAN will mean you accept those changes.

Message and data rates may apply.

Recurring Weekly Text Messages – Webform Opt-In

We are happy to offer text messages as a way for like-minded individuals to engage with GAN and support conservative efforts.  When you visit HTTP://AMERICANPOLLING.TV/, provide your cellular telephone number, check the box next to  “Sign me up!”, and click “Submit my answers”, you are providing your express written consent to receive recurring weekly text messages at the provided phone number using autodialer technology. Please review the below procedures to ensure you understand how our texting campaigns operate.  All required opt-in steps must be completed to enroll in GAN’s recurring text message program.

  1. After you visit HTTP://AMERICANPOLLING.TV/, provide your cellular telephone number, check the box next to “Sign me up!”, and click “Submit my answers”, you will receive a text message to the provided cellular telephone number requesting you to confirm your opt-in.  To confirm, simply respond as directed with “YES”.  By confirming your opt-in, you are:
    1. Providing your express written consent to receive recurring weekly text messages from GAN, which may be sent using autodialer technology;
    2. Confirming you agree to and are bound by these Terms and Conditions and Privacy Policy; and,
    3. Affirming you have the express authority of the mobile device owner to grant such opt-in consent.

Such text messages will relate to news alerts and action items GAN wishes to share with fellow conservatives.  We do not charge users for their participation in this service, but your mobile service provider may charge standard messaging, data, and other rates/fees related to any text transmissions.  Please review your cellular plan with your wireless carrier to ensure you understand how and for what you may receive extra charges.

  1. You may opt-out at any time and for any reason. If you no longer wish to receive texts from us, simply text STOP, CANCEL, or UNSUBSCRIBE in response to any of our text messages.  You may also opt-out by emailing [email protected] or calling (540) 356-3813.  If you need help or have any questions related to our texting campaigns, please text HELP in response to any of our text messages or contact us at [email protected] or (540) 356-3813 to receive customer support.
  2. As we have no control over how the mobile service providers transmit our text messages, we cannot be responsible or liable for any delays in your receipt of any of our text messages. Delivery is determined by the mobile service provider and is subject to effective transmission by your provider.  GAN makes no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed.  Our text messages are provided on an “as is” basis.
  3. As a result of your opt-in to receive texts from GAN, you understand we may collect certain data from you. Such data may include, but is not limited to, your mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages to and from GAN, along with any other information you provide to us.  Other such information that may be collected is as described in our Privacy Policy, which you should review before electing to receive our text messages.  By opting in to receive our text messages, you are confirming you consent to be bound by our Privacy Policy terms as well.
  4. You hereby understand and agree that GAN may change and/or terminate our text messaging service at any time, for any reason, and with or without providing notice.
  5. No financial transactions will occur by utilizing our text messaging service.
  6. You hereby expressly agree that, in the event you forfeit or no longer utilize the cellular telephone number you used to subscribe to our text messaging campaign, you will immediately notify us of this change.
  7. You hereby recognize and agree that any and all claims related to our text messages, including those that may arise after your relationship with GAN terminates, are bound by the Dispute Resolution provision contained herein.
  8. All content that will be delivered pursuant to your opt-in will be appropriate for individuals who are 18 years of age or older. By opting-in to our text message campaigns, you hereby affirm you are the legal age of majority in your state/province (18 in most states/provinces) or older.

 

Recurring Weekly Text Messages – Short Code Opt-In

GAN may also offer text message opt-ins through the use of a short code.  When you visit HTTP://AMERICANPOLLING.TV/, you will see a provided short code and a specified keyword.  To opt-in to GAN’s recurring weekly text message program, simply follow the directions outlined below and complete all of the required steps.  Please ensure you review the entirety of these terms.  By completing each required step, you hereby indicate your express written permission to be contacted at the provided cellular telephone number using autodialer technology. Please review the below procedures to ensure you understand how our texting campaigns operate.  All required opt-in steps must be completed to enroll in GAN’s recurring text message program.

  1. After you visit HTTP://AMERICANPOLLING.TV/, you will see a specified short code and keyword. To opt-in to GAN’s recurring weekly text message campaign, simply text the provided keyword to the specified short code.  You will then receive a response requesting you to confirm your opt-in.  By confirming your opt-in, you are:
    1. Providing your express written consent to receive recurring weekly text messages from GAN, which may be sent using autodialer technology;
    2. Confirming you agree to and are bound by the terms of these Terms and Conditions and Privacy Policy; and,
    3. Affirming you have the express authority of the mobile device owner to grant such opt-in consent.

Our texting campaigns involve news and action items related to conservative efforts and causes. We do not charge users for their participation in this service, but your mobile service provider may charge standard messaging, data, and other rates/fees related to any text transmissions.  Please review your cellular plan with your wireless carrier to ensure you understand how and for what you may receive extra charges.

  1. You may opt-out at any time and for any reason. If you no longer wish to receive texts from us, simply text STOP, CANCEL, or UNSUBSCRIBE in response to any of our text messages.  You may also opt out by emailing [email protected] or calling (540) 356-3813.  If you need help or have any questions related to our texting campaigns, please text HELP in response to any of our text messages or contact us at [email protected] or (540) 356-3813 to receive customer support.
  2. As we have no control over how the mobile service providers transmit our text messages, we cannot be responsible or liable for any delays in your receipt of any of our text messages. Delivery is determined by the mobile service provider and is subject to effective transmission by your provider.  GAN makes no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed.  Our text messages are provided on an “as is” basis.
  3. As a result of your opt-in to receive texts from GAN, you understand we may collect certain data from you. Such data may include, but is not limited to, your mobile phone number, your mobile service provider’s name, and the date, time, and content of your messages to and from GAN, along with any other information you provide to us.  Other such information that may be collected is as described in our Privacy Policy, which you should review before electing to receive our text messages.  By opting in to receive our text messages, you are confirming you consent to be bound by our Privacy Policy terms as well.
  4. You hereby understand and agree that GAN may change and/or terminate our text messaging service at any time, for any reason, and with or without providing notice.
  5. No financial transactions will occur by utilizing our text messaging service.
  6. You hereby expressly agree that, in the event you forfeit or no longer utilize the cellular telephone number you used to subscribe to our text messaging campaign, you will immediately notify us of this change.
  7. You hereby recognize and agree that any and all claims related to our text messages, including those that may arise after your relationship with GAN terminates, are bound by the Dispute Resolution provision contained herein.
  8. All content that will be delivered pursuant to your opt-in will be appropriate for individuals who are 18 years of age or older. By opting-in to our text message campaigns, you hereby affirm you are the legal age of majority in your state/province (18 in most states/provinces) or older.

 

Dispute Resolution and Governing Law

You hereby agree that all disputes arising from or related to these Terms and Conditions and Privacy Policy and the activities/services described herein, including those claims which may arise after the relationship between you and GAN is allegedly terminated, shall be submitted to a single arbitrator for binding arbitration under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect.  Either of us may choose to have the AAA administer the arbitration if they advance all AAA fees and expenses, subject to final apportionment. Otherwise, a neutral arbitrator mutually agreed upon by us shall administer the arbitration in a mutually agreeable arbitration forum. We agree that any law school arbitration clinic or program is an acceptable arbitration forum. The award of the arbitrator shall be limited to remedies otherwise available in court and shall include a written explanation of the decision. The non-prevailing party shall bear the fees of arbitration and the other party’s reasonable attorneys’ fees.

 

These Terms and Conditions and Privacy Policy, including the use of information (including personally identifiable information) provided or accessible through GAN, are governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles.

Use of Content

GAN and any and all content on or available throughout GAN, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) is owned by us or our content providers. Subject to these Terms and Conditions, the Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation on Liability

When using GAN, information may be transmitted using a medium and/or jurisdiction beyond our control and jurisdiction and that of our suppliers. Accordingly, we assume no liability for any delay, failure, interruption or corruption of any data or other information transmitted in connection with use of GAN.

GAN and the Content are provided on an “AS IS” basis. WE AND OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA GAN, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on GAN or any website with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, clients, licensors and suppliers make no representations or warranties about the following:

  1. The software, text, graphics, links, or communications provided on or through the use of GAN or related material from us.
  2. The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on GAN.

In no event shall we, our affiliates, clients, licensors, suppliers, or any third parties mentioned on GAN be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use GAN or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not we advise you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of GAN, Content or Communities (as defined below) or for any other breach by you of these Terms and Conditions. Any claims arising in connection with your use of GAN, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred, regardless of when such event becomes known. Any action not brought within one year from the date of the triggering event shall be barred, without regard to any other statute of limitations established by law. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

By voluntarily submitting any information, communications, or content (including, but not limited to, photos, videos, personal stories, anecdotes, and jokes) (each a “Submitted Item”) to this Site and/or Communities (as defined below), you agree such submissions are non-confidential for all purposes and you grant us and our affiliates and clients worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the affiliates and clients may specify for particular submissions. By submitting material to us or our affiliates and clients, you represent and warrant you have full authority to grant the rights set forth above and your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant you have attained the legal age of majority in your state/province (18 in most states/provinces). A parent or guardian must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on our part or the part of any affiliate or client to post or use such Submitted Item or to give you credit. We may contact you via phone, email or mail regarding your submission.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware GAN is not intended or designed to attract children younger than 13. We do not collect personally identifiable information from any person we actually know is a child younger than 13. To further learn about our privacy commitment, please refer to the Privacy Policy.

DMCA Notice and Customer Care

You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on GAN. You should notify us promptly if you believe any materials on GAN, including advertisements, or materials available on or through links, frames, indexes and directories linked to GAN, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact us at the address listed at the bottom of this section for copyright infringement notices only. If you have a question about us, a general inquiry, or need to contact us, please email us at [email protected]

To provide notice of claimed copyright infringement:

107 S. West Street, Ste. 147

Alexandria, VA 22314

It is our policy to terminate contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

The Online Communities

We are happy to introduce within or linked to GAN various online communities, such as mail lists, comments, and/or other public forums (collectively, the “Communities”). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. We encourage your participation but ask you to remember you are solely responsible for the content of messages you post or share. We do not and cannot review every message posted (but reserve the right to do so).

Please read the policies below carefully. If you cannot comply with these policies and the Terms and Conditions, please do not use the Communities. As a member of the Communities provided by us, you acknowledge and agree to the following:

  1. Content available through the Communities is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. We are not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
  2. You are 18 years or older to participate.
  3. The information you submit to the Communities shall not be deemed confidential and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
  4. You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, or abusive, to any other person or entity, or is otherwise inappropriate or unlawful. You are solely responsible for the content of the messages you post. While we reserve the right to remove any objectionable posts that are in violation of these Terms and Conditions, we cannot review every post to ensure compliance. Any post that is removed by us is done in our sole discretion and may not be appealed.
  5. You agree not to use the Communities for any purpose in violation of local, state, or federal laws or regulations.
  6. You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
  7. Messages, information, or other materials posted to the Communities are subject to use by us and our licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice or any compensation of any kind to you or any third party. The submission of such materials in no way creates any obligation or duty on our part to post or use such materials, or to give you any credit.
  8. The Communities may be used only for non-commercial purposes. You agree not to, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
  9. Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Service, you agree to indemnify, defend and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
  10. You agree not to disrupt the normal flow of dialogue, or post comments not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in our sole judgment, exposes us or any of our affiliates, clients, licensors, licensees, or suppliers to any liability or detriment of any type.
  11. You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or “spam.”
  12. If you become aware of a violation of these policies, please notify us by sending a detailed email message to [email protected] If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled “DMCA Notice” in these Terms of Service.

We reserve the right (but are not obligated) to do any or all of the following:

  1. Investigate any allegation a communication(s) does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s).
  2. Terminate a user’s access to any or all of the Communities and/or GAN upon any breach of these policies and/or the Terms and Conditions.
  3. Monitor, edit or disclose any communication posted in the Communities.
  4. Delete, move or edit communications determined, in our sole discretion, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
  5. Record the dialogue submitted through the Communities.
  6. Edit or delete any communication(s) posted in the Communities or anywhere on GAN, regardless of whether such communication(s) violate these standards.

 

We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of GAN or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, your submissions to GAN, your violation of any rights of another or applicable laws and regulations, or your use of any content on or accessible through GAN.

Trademarks

The tradenames, logos, titles, designs and trademarks under which we and our affiliates, clients, or licensors operate are trademarks of us, our affiliates, clients or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms and Conditions, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners. 

General

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Dispute Resolution, Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

We are based in the United States of America. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access GAN from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Service and our Privacy Policy constitutes the entire agreement between you and us with respect to the use of GAN and Content.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please contact us at [email protected].

Last Updated January 2020