Terms of Use

 

This web site (“Site”) is an online information service provided by VotaVox, LTD (“VotaVox”) and is available subject to your compliance with the Terms of Use set forth below.  Nothing in this Site shall be construed as creating any warranty or other obligation on the part of VotaVox. 

 

Terms of Use.  Please read the following information carefully before using this Site. By clicking “I agree to the Terms of Use” below, you agree to be bound by these Terms of Use.  Currently, the Site is available only to United States residents who are 18 years of age or older.  If you do not agree with any part of the Terms of Use, do not use this Site.  VotaVox reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and by using this Site after clicking “I agree to the Terms of Use” to the new terms, you accept the modifications.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.  If you do not agree to change(s) to the Terms of Use, you must notify VotaVox  to terminate your account.  VotaVox may modify, suspend or discontinue all or any portion of the Site without notice or liability. 

 

Disclaimer of Warranties; Limitation of Liability.  Accuracy of the information provided on this Site cannot be guaranteed, and VotaVox makes no warranties or representations as to its accuracy.  THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  These warranties are hereby excluded to the fullest extent permissible by law.  UNDER NO CIRCUMSTANCES SHALL VOTAVOX BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, [$10], whichever is less.

 

No Guaranteed Responses.  VotaVox makes no promise or guarantee as to the level of survey responsiveness or other actions taken by users of the Site or by any individual designated as a “Decision Maker” for any survey questions.  YOU UNDERSTAND THAT YOU MAY NEVER RECEIVE ANY RESPONSES WHATSOEVER AS A RESULT OF BECOMING A USER OF THIS SITE.

 

Privacy.  Personal information transmitted to VotaVox will be treated in accordance with our Privacy Policy.  

 

Prohibited Content.  You are solely responsible for the content you provide and VotaVox acts merely as a conduit for its distribution and publication.  VOTAVOX RESERVES THE RIGHT TO TAKE ANY ACTION (INCLUDING REJECTION OF SUBMITTED CONTENT) WITH RESPECT TO SUCH INFORMATION THAT VOTAVOX DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION IF VOTAVOX BELIEVES INFORMATION YOU PROVIDE IS INAPPROPRIATE FOR THE SITE, MAY VIOLATE THESE TERMS OF USE, MAY CREATE LIABILITY FOR VOTAVOX, OR MAY CAUSE VOTAVOX TO LOSE (IN WHOLE OR IN PART) THE SERVICES OF ITS ISPs OR OTHER SUPPLIERS, OR IS OTHERWISE OBJECTIONABLE.  VotaVox may also restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without notice, and without liability. You agree that  the content you provide will not, to the best of your knowledge:  (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an “adult” website; (C) contain hidden pages or images or “web bugs” or “web beacons”; (D) harass or advocate harassment of another person; (E) infringe any third party’s copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (F) include a photograph of another person that you have posted without that person’s consent; (G) promote information, material, or content that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (H) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (I) solicit personal information from anyone under eighteen (18) years of age; or (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising). 

 

Prohibition of “Click Fraud” and Similar Activities. You shall not, nor may you permit, authorize or enable any third party to directly or indirectly generate survey questions or votes through any manual, automated, or otherwise fraudulent means, including but not limited to repeated clicks or the use of robots or other automated query tools.

 

Your Submissions for Posting.  VotaVox does not claim ownership of the content you post, upload, input or submit to this Site or its associated services (including through the use of the Site) (collectively “Submissions”).  By posting, uploading, inputting, providing or submitting your Submission you are granting VotaVox and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database right you have in the Submissions, in any media known now or in the future and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your demographic information in connection with your Submission, in accordance with the Privacy Policy. 

 

No Compensation; Removal of Submissions.  VotaVox will not pay you any compensation with respect to the use of your Submission. VotaVox may remove any Submission at any time in VotaVox’s sole discretion.

 

Your Warranties about Submissions.  By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Content Provided by You and by Others.  You, and not VotaVox, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the Service. 

 

Right to Preserve and Disclose.  VotaVox may preserve content and all other information you provide.  VotaVox may also disclose Content and all other information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of VotaVox, its users and/or the public; or (e) in the event that all or substantially all of VotaVox’s assets are acquired by a third party.

 

Acceptance of Risks.  You agree to accept all risks associated with the use of the Site and understand that any information posted using the Site may be accessed by third parties and should not be considered to be secure or protected. 

 

Account Registration.  Creation of an account is required in order to on any issues on this Site.  To register, you must provide the following information (i) your name; (ii) birthdate; (iii) ZIP code; and (iv) your e-mail address. You agree to provide accurate and complete information during the registration process.  VotaVox reserves the right to terminate your account if you give VotaVox inaccurate or incomplete information.

 

Account Password and Security. When these Terms of Use have been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the password-protected portions of Site.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary.  Passwords may not be shared or used by more than one individual.  It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. You may not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and may not give any person or entity access to the Site.  You may never use someone else’s account, username or password without permission. When creating your account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT VOTAVOX HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. You agree to notify VotaVox immediately if you discover any unauthorized use of your password or account or any other breach of security, at the address listed in the “Contact Us” section.

 

Your Comments Submitted to VotaVox.  Comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials) sent or transmitted to VotaVox for purposes other than survey questions (collectively "Comments") shall be deemed to be non-confidential and shall become the sole property of VotaVox. Subject to the conditions described on the Privacy Policy, VotaVox shall have no obligation of any kind with respect to such Comments and shall be free to use, copy, modify and/or distribute the Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Comments.

 

Ownership of Usage Data.  VotaVox may collect and aggregate data about your usage of the Site, and VotaVox shall be the sole owner of such information.  VotaVox will use such data in accordance with the Privacy Policy.

 

Our Copyrighted Materials; Infringement Claims.  The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by VotaVox and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of VotaVox or the copyright owner.  Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.  If you believe that any of the Materials infringe your proprietary rights, please contact VotaVox immediately at the address provided below.  Except as expressly provided herein, VotaVox and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.  Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to VotaVox’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.  

 

Prohibited Actions.  You agree not to:  (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any content, or retrieve or record information about the Site or its users; (d) merge the Site or content with another program or create derivative works based on the Site or content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content or access to the Site to others; (g) use, or allow the use of, the Site or the content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.  Except as expressly provided herein, VotaVox and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

 

Trademarks.  Trademarks and service marks that may be referred to on this Site are the property of VotaVox or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of VotaVox or the VotaVox logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission.

 

Links.  Although VotaVox controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. VotaVox includes these third-party links solely as a convenience to you.  The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that VotaVox is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference.  VotaVox reserves the right to terminate a link to a third party web site at any time.  The third party sites are not controlled by VotaVox, and may have different terms of use and privacy policies, which VotaVox encourages you to review. 

 

Must Be At Least 18 Years Old to Use This Site.  At this Site, VotaVox makes no active effort to collect personal information from individuals under the age of 18. 

 

Indemnification.  As a condition of use of this Site, you agree to indemnify VotaVox from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use. If you are dissatisfied with any material on this Site or with any of Terms of Use of use of this Site, your sole and exclusive remedy is to discontinue using this Site.  

 

Offensive Content; Release; California Civil Code Waiver.  Content may be offensive, harmful or inaccurate.  VotaVox cannot guarantee that its site is entirety free of illegal, offensive, pornographic or otherwise inappropriate material, or that its members will not encounter inappropriate or illegal conduct from other members.  Consequently, you may encounter such content and conduct.  You can help VotaVox by notifying us of any nudity or pornography, or harassment or unwelcome contact by clicking on the “Contact Us” link located on pages throughout the site.

 

You agree to look solely to the original posting party for any claims you may have regarding their information.  If you have a dispute with one or more users, you release VotaVox (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California 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 time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

Site Controlled from United States.  This Site is controlled from offices within the United States. VotaVox makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.

 

Not Authorized to Do Business In Every Jurisdiction.  VotaVox is not authorized to do business in every jurisdiction.  Information published on this Site may contain references or cross-references to land, goods or services that are not available in your state or country.

 

English Language.  The official text of these Terms of Use or any notice provided hereunder shall be in English.  In the event of any dispute concerning the construction or meaning of these Terms of Use, reference shall be made only to these Terms of Use as written in English and not to any translation into another language.

 

Entire Terms of Use; Severability.  You acknowledge that you have read and understood these Terms of Use and that you agree to be bound by its Terms of Use.  You further agree that these Terms of Use, together with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference, constitute the complete and exclusive statement of the Terms of Use between you and VotaVox.  If any provision of these Terms of Use is found unenforceable, it shall not affect the validity of these Terms of Use, which shall remain valid and enforceable according to their terms.  No waiver of any term of these Terms of Use shall be deemed a waiver of such term or any other term of these Terms of Use, and VotaVox’s failure to assert any right or provision of these Terms of Use shall not constitute or be deemed a waiver of any rights hereunder.

 

Contact Us

 

For further information, or inquiries about these Terms of Use, please contact:

Eli Halliwell

eli@votavox.com


September 20, 2009

 

 


 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.     

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

Service Provider(s):     
Name of Agent Designated to Receive 
Notification of Claimed Infringement:    
Full Address of Designated Agent to    
Which Notification Should be Sent:      
Telephone Number of Designated Agent:         
Facsimile Number of Designated Agent:           
Email Address of Designated Agent:     

To be effective, the Notification must include the following:

  1. 1 - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 2 - Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 3 - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. 4 - Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. 5 - A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 6 - A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.