Hubble Terms of Service
Updated March 9, 2023.
Please read these terms and conditions of use carefully. By accessing or using this website or application, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website or application. Thanks for using Hubble!
These Terms of Service (“Platform Terms”) apply to your access to, and use of, Hubble a campaign management platform (including the site hubble.vote, Hubble desktop or mobile applications, and any other tools, products, or services provided by HBLE, LLC that link to or reference these Platform Terms) (collectively, the “Platform”). The Platform is provided by HBLE, LLC. (Hubble or MythCoders or “we” or “our” or “us”) located at 1960 Samada Avenue Worthington, OH 43085.
Hubble reserves the right to change or modify any of the terms and conditions contained in the Platform Terms, or any policy or guideline of the Platform, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised terms on the Platform. We will use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Platform Terms on this web page, through the Platform, or via email, and you waive any right you may have to receive specific, individual notice of such changes or modifications. By continuing to use our Platform after we post changes or modifications, you confirm that you accept those changes or modifications. Therefore, you should review the Platform Terms and applicable policies often to understand the terms and conditions that apply to your use of the Platform. If you don't agree to the amended terms, you must stop using the Platform.
If you have any questions regarding the use of the Platform, please refer first to the Help Section. All other questions or comments about the Platform or its contents should be directed to [email protected].
II - Using Our Site
A. Email Notifications
In connection with your use of the Platform, we may send you service announcements, administrative messages, signup confirmations, event updates, promotions, and other information via email. You may opt out of our marketing emails by clicking on the “unsubscribe” link. Please be aware that there may be a brief period before we are able to process your opt-out.
B. Your Account
You may need an account in order to use certain aspects of the Platform. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by a Campaign Owner or Manager, such as a political candidate or organization, different or additional terms may apply, and the Owner or Manager may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points (each, an "Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Site accounts, including the activities of any individual with whom you share your Site account or an Activated Device.
If you learn of any unauthorized use of your account, please contact us at [email protected].
III - Limited License to Use the Platform
Unless otherwise indicated on the Platform, the Platform and all content and other materials on the Platform (including, without limitation, the Hubble logo), and all designs, text, graphics, pictures, information, data, software running on our (and our vendors' or clients') servers, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Hubble, or its licensors, and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive, non-assignable, and non-sublicensable license to access and use the Platform for your informational, non-commercial and personal use only. Such license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform, as provided by us, in accordance with these Platform Terms, and does not include: (a) any right for the resale or commercial use of the Platform or the Platform Materials; (b) the distribution, public performance, or public display of any Site Materials; (c) any right to modify or otherwise make any derivative uses of the Platform, the Platform Materials, or any portion thereof; (d) use of any data mining, robots, or other data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Platform, the Platform Materials, or any information contained therein, except as expressly permitted on the Platform; or (f) any use of the Platform or the Platform Materials other than for its intended purpose in accordance with these Platform Terms. Any use of the Platform or the Platform Materials other than as specifically authorized in these Platform Terms, without the prior written permission of Hubble, is strictly prohibited and will terminate the license granted to you by Hubble in these Platform Terms. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Platform Terms, nothing in these Platform Terms shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
IV - Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hubble has adopted a policy of terminating and/or removing (as applicable), and in our sole discretion, users that we deem to be repeat infringers of intellectual property rights or the requirements of these Platform Terms, and/or re-posted content that we have previously deemed to infringe intellectual property rights or the requirements of these Platform Terms. We may also, in our sole discretion, limit access to the Platform and/or terminate the accounts of any user who infringes any intellectual property rights of another user or person, whether or not there is any repeat infringement. You agree that we have no liability to you for any action taken under this section.
V - Copyright Complaints
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and clients to do so. Please don't copy, upload, download or share content unless you have a right to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Platform infringes upon your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of U.S. District Court for the Southern District of New York, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Platform.
The contact information for our Designated Agent is:
ATTN: Justin Adkins
PO Box 966
Worthington, OH 43085
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at [email protected]. You agree that we have no liability for any action taken under this section.
VI - Trademarks
"HUBBLE", the Hubble logo, and slogans contained in the Platform are trademarks of Hubble, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hubble. You may not use any metatags or any other "hidden text" utilizing "Hubble" or any other name, trademark or product or service name of Hubble, without our prior written permission. In addition, the look and feel of the Platform, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hubble and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, trade names, product names, and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
VII - Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Platform for your noncommercial purposes, provided such link does not portray Hubble in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Hubble logo or other proprietary graphic of Hubble to link to the Platform without the express written permission of Hubble. Further, you may not use, frame, or utilize framing techniques to enclose any Hubble trademark, logo or other proprietary information, including the images found at the Platform, the content of any text or the layout/design of any page or form contained on a page on the Platform, without Hubble's express written consent. Except as noted above, these terms do not grant you any right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or other proprietary right of Hubble or any third party.
Hubble is not responsible for the quality, content, nature, reliability, or privacy or security practices of any third-party web sites, services, or apps that are accessible by hyperlink or otherwise from the Platform, or web sites that link to the Platform. Such sites are not under the control of Hubble, and Hubble is not responsible for them. When you leave the Platform, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering and usage practices, of any site to which you navigate from the Platform.
VIII - Third Party Content, Events, and Materials
Hubble may display, provide information regarding, or provide links to third-party events, websites, content, applications, tools, services, data, or materials (collectively, "Third-Party Events and Materials"), and may initiate or facilitate communications between you and third parties regarding such Third-Party Events and Materials. However, Hubble does not endorse or control, and makes no representations or warranties of any kind regarding, any such third parties or any Third-Party Events and Materials. Your participation in or use of any Third-Party Events and Materials, and your dealings or correspondence with any third parties in connection therewith (including communications facilitated via the Platform), are solely between you and such third party. Hubble is not responsible or liable for any Third-Party Events and Materials, for any loss or damage of any sort incurred as the result of any Third-Party Events and Materials, or your interaction with any third parties.
Your attendance at or use of any Third-Party Events and Materials is at your own discretion and risk.
IX - User Content and Conduct
The Site includes areas in which you may upload, post, store, transmit, and/or share content, messages, events, and other materials with other users of the Platform ("User Content"), and in doing so you must follow these Platform Terms and the rules and policies referenced in these Platform Terms. You are solely responsible for your User Content. You agree not to post, upload, share, store, or otherwise publish any of the following through the Platform:
You agree not to post, upload, share, store, or otherwise publish any of the following through the Platform:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, or “hate speech” (demeaning race, gender, age, religious or sexual orientation, etc.);
- User Content that would constitute, encourage, or provide instructions for a criminal offense (such as child pornography) violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to distribute and reproduce User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content in the form of unsolicited promotions, or, advertising;
- User Content that contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, financial account information, or credit or debit card numbers;
- User Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files or code; and
- User Content that, in the sole judgment of Hubble, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Area (as defined below) or the Platform, or that may expose Hubble or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while on the Platform, and you agree that you will not do any of the following:
- Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform or that could damage, disable, overburden, or impair the functioning of the Platform in any manner;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Stalk, intimidate, threaten, or otherwise harass or bully other users;
- Send, distribute, or post spam, or excessive or unsolicited commercial messages;
- Harvest or otherwise collect information about users, including email addresses, without their consent
- Use the Platform for any illegal or unauthorized purpose or to engage in, encourage, or promote any illegal activity, or any activity that violates these Platform Terms; or
- Circumvent, or attempt to circumvent, any filtering, security measures or other features that Hubble may from time to time adopt to protect the Platform, its users, or third parties.
- Use the Platform or any Hubble services in such as way that violates Hubble's firewall policy (“Firewall”), which is maintained in compliance with 11 C.F.R. § 109.21 and other applicable state campaign finance regulations. The purpose of the Firewall is to prevent the flow of non-public information between "coordinated" entities (such as candidates or political parties) and "independent" entities (groups making independent expenditures) during elections. The Firewall prohibits users from (1) sharing non-public information regarding an event sponsored by a candidate or political party with an affiliate of a group making independent expenditures or (b) sharing any non-public information regarding an event sponsored by a group making independent expenditures with a candidate or political party. Non-public information refers to any information about the event that is not available on a public feed (e.g., the the event's total number of attendees).
Hubble is not responsible or liable for the conduct of any other user on or off the Platform, or for any content posted or otherwise published by any other user, including in any area of the Platform that enables you to interact with other users of the Platform, such as our email proxy and relay services (collectively, an “Interactive Area”). Any use of the Interactive Area or other portions of the Platform violating the foregoing may result in, among other things, termination or suspension of your rights to use the Interactive Area and/or the Platform. When you post, submit, or otherwise transmit User Content using the Platform, you grant Hubble (and those we work with) a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform and display your User Content in any media. The rights you grant in this license are for the limited purposes of operating, promoting, and improving our Site, and to develop new sites and services. This license continues even if you stop using our Site. You represent and warrant that you have the necessary rights to grant us this license to your User Content, and that your User Content does not violate these Platform Terms or any rights of any person or entity.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Platform or meet in person. You understand that Hubble does not conduct criminal or other background checks on its users or otherwise inquire into the background of its users. Hubble makes no representations or warranties about the conduct of users.
Enforcement of the user content or conduct rules set forth in these Platform Terms is solely at Hubble's discretion, and failure to enforce such rules in any instance does not constitute a waiver of our right to enforce such rules in any other instance. In addition, these Platform Terms do not create any obligation for Hubble to ensure that the Platform will not contain any content that is prohibited by the Platform Terms, or any liability for our failure to do so. As a provider of interactive services, Hubble is not liable for any statements, representations, or content provided by its users, including in any Interactive Area. Neither Hubble, nor any of its clients, have any obligation to screen, edit, or monitor any of the content posted in any Interactive Area or other area of the Platform. However, Hubble and its clients reserve the right to monitor, and Hubble has absolute discretion to screen, remove, and/or edit, any content (including User Content) posted or stored on the Platform, including in any Interactive Area, at any time and for any reason, with or without notice. You are solely responsible for creating backup copies of and replacing any of User Content that you post or store on the Platform at your sole cost and expense.
If you submit feedback or suggestions about the Platform, you agree that we may use your feedback or suggestions without obligation to you. We want your feedback and suggestions on how to make our service better.
X - Indemnification
You agree to defend, indemnify and hold harmless Hubble, its affiliated companies, and their respective directors, officers, employees, agents, and contractors from and against any claims, losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your actual or alleged violation of these Platform Terms, (b) your User Content, (c) your violation of the rights of any third party and / or (d) your misuse of the Platform. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
XI - Disclaimer and Release
OTHER THAN AS EXPRESSLY SET OUT IN THESE SITE TERMS, NEITHER HUBBLE, NOR ITS SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. THE SITE AND THE SITE MATERIALS ARE PROVIDED "AS IS", AND HUBBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. HUBBLE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HUBBLE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY'S CONDUCT RELATED TO USE OF THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
XII - Liability for the Platform
TO THE EXTENT NOT PROHIBITED BY LAW, HUBBLE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER THESE SITE TERMS OR RELATING TO YOUR USE OF THE SITE.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF HUBBLE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE SITE TERMS OR RELATING TO YOUR USE OF THE SITE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE (OR, IF WE CHOOSE, TO SUPPLY YOU THE SITE AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SITE, HUBBLE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, EPIDEMICS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
XIII - Litigation
Without limiting Sections 11 or 12 above, you agree to the that any and all disputes involving you and Hubble will be resolved in an Ohio Court. By using this Site, you are allowing yourself to fall under the jurisdiction of the Courts of Franklin County, Ohio or the Southern District of Ohio.
XIV - Modifying and Terminating the Platform
We are constantly changing and improving our Site. We may add or remove functionalities or features, and we may suspend or stop all or part of the Platform altogether, at any time, without any notice or liability.
You can stop using our Site at any time, although we'll be sorry to see you go. We may also stop providing the Platform to you, or add or create new limits to our Site, at any time.
Sections 10-15 will survive termination or expiration of these Platform Terms indefinitely.
Without limiting anything in any other section of these Platform Terms, Hubble reserves the right to investigate and/or terminate your account if you have violated these Platform Terms, misused the Platform, or behaved in a way that Hubble regards as inappropriate or unlawful, including actions or communications that occur on or off the Platform.
XV - Severability
If any provision of these Platform Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Platform Terms and shall not affect the validity and enforceability of any remaining provisions.
XVI - About these Platform Terms
The laws of the United States and the State of Ohio, excluding Ohio's conflict of laws rules, will apply to any disputes arising out of or relating to these Platform Terms or the Platform.
You may not assign or delegate your rights or obligations relating to these Platform Terms or your account for the Platform without our prior written consent. We may assign these Platform Terms or assign or delegate any of our rights or obligations at any time.
Questions or comments about the Platform may be directed to Hubble at [email protected].