Terms of Service

Welcome to ViaVote. By using our site, you are agreeing to comply with and be bound by the following terms of service. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “ViaVote”, or “us” or “we” or “our” refers to ViaVote, the owner of the site. The term “you” refers to the user or viewer of our Site.

The general Terms of Use detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘ViaVote’ (hereafter also referred to as ‘We’ or the ‘Website’ or ‘Site’), belonging to ViaVote. Both parties accept these Conditions unreservedly. These general Terms of Service are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation.


1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

2. Copyright

The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

 

3. Service Marks

“ViaVote” and its related logos and taglines are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

4. Limited License

Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license:

(a) to access and use the Site strictly in accordance with this Agreement;

(b) to use the Site solely for internal, personal, non-commercial purposes; and

(c) to print out discrete information from the Site solely for internal, personal purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

5. Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:

You may not:

(a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;

(b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;

(c) create compilations or derivative works of any Content and Materials from the Site;

(d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;

(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;

(f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;

(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;

(h) use any automatic or manual process to harvest information from the Site;

(i) use the Site for the purpose of gathering information or for transmitting:

(j) use the Site in a manner that violates any law regulating email, facsimile transmissions or telephone solicitations

 

6. Linking to the Site

You may link to the Site, provided that:

(a) you do not remove or obscure, by framing or otherwise, branding or legal notices on the Site,

(b) your site does not engage in illegal or pornographic activities, and

(c) you discontinue providing links to the Site immediately upon request by us.

 

7. Advertisers

While ViaVote offers a means for companies to engage in bona fide, opt-in market research activities, it does not contain advertising nor allow sponsorships apart from 100% charitable endeavors. You will not advertise or post commercial offers (including charitable tie-ins of less than 100%) on ViaVote.

 

8. Registration

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using accurate information. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

 

9. Errors, Corrections and Changes

ViaVote takes great care to preserve site integrity but does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

10. Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

11. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

12. Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

 

13. Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

 

14. Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

 

15. Limitation of Liability

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (f) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

16. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

17. Privacy Policy

The details you give us are essential for the establishment of our service, therefore failure to provide these details will result in the cancellation of your account. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information (your username can be anonymous of course) is contrary to the present general Terms of Use.

You have the permanent right to access and rectify all the information that concerns you, in accordance with United States laws, European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to ViaVote to find out what personal information we hold concerning you. You may at any time, and by request, modify this information. You may at any time request not to receive any further emails from us by emailing your request to viavote (at) viavote.com .

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on aggregate data from visitors to our site. Cookies do not contain any confidential information about you.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

 

18. Disclosure

Our Disclosure, as it may change from time to time, is a part of this Agreement.

 

19. Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

 

20. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an email to the Copyright Agent at viavote (at) viavote.com .

Intellectual ownership

All the content on the ViaVote.com website (illustrations, texts, names, brand names, images and videos) is the property of ViaVote, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by ViaVote. All information, content, files and software offered by our services is protected by International law concerning intellectual ownership and copyright.

ViaVote will not, under any circumstances, be held responsible if a user violates rights held by a third party through their activities on the site.

 

21. Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

22. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

 

23. Waiver and Severability

Any failure of ViaVote to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ViaVote, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

24. Feedback & Comments

We welcome any comment, question or other communication at viavote (at) viavote.com.

Any opinions left on the Website by ViaVote customers are screened and moderated. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), ViaVote reserves the right to refuse or modify it.

 

25. Miscellaneous

Our Terms of Service may change from time to time to reflect changes in the business. You should check our website frequently to see recent changes. However, we will never materially change our policies and practices to make them less protective of personal information collected in the past without your prior consent. Unless stated otherwise, our current Terms of Service apply to all information that we have about you.

For any inquiries, you may contact us via our contact page or email: info (at) viavote.com

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