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Terms of Services

VoteBash Terms of Service Notice

Effective as of December 29, 2014

At VoteBash we run a service that underlines your freedom and individuality as a person, a business or an organization. We want you to use our free basic service. We also offer paid improvements for businesses and organizations. VoteBash's services give you the freedom to set, outline and control your own profile and identity. We ask you to be responsible and thoughtful in what you post on our platform.

Just remember: What you post on VoteBash is instantly available for the world to see!

Terms of Service:

The following terms and conditions govern all use of and access to VoteBash's web sites, services and products available at or through VoteBash's web sites including but not limited to all VoteBash's services (“Services”), and all kinds of information, text, photos, graphics or other kinds of objects uploaded, downloaded or residing within the Services (together reffered to as "Content"). The Services are owned and operated by VoteBash, Inc. (“VoteBash”). The Services offered are subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, VoteBash Privacy Policy, VoteBash Community Guideline, VoteBash Legal Disclaimer and VoteBash Feedback Policy ) and procedures that may be published from time to time within our Services by VoteBash (collectively, the “Terms”). Please read these Terms carefully before accessing or using the Services. By accessing or using any part of our Services, you agree to become bound by the provisions and conditions of these Terms. If you do not agree to all the provisions and conditions of these Terms, then you may not access the Services or use any of VoteBash's web sites. If these provisions and conditions are considered an offer by VoteBash, acceptance is expressly limited to these Terms. Our Services are intended and available only to individuals who are at least at the age of thirteen (13).

  1. VoteBash Accounts

    In order to access more functionality of the Services, you need to create a VoteBash Account or a so called Citizenship. You are not allowed to use anyone's VoteBash Account without permission. If you create a VoteBash Account with a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile (such as Voteleds, comments, post e.g). We also advise you to use "strong" passwords (passwords that utilize a selection of alphanumeric sequences with symbols combined). When creating your account, you must submit precise and consistent information about yourself. You must not describe or assign keywords to your profile or Voteleds in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and VoteBash may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause VoteBash liability. You must immediately notify VoteBash of any unauthorized uses of your profile, your account or any other breaches of security. VoteBash will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or errors and faults.

  2. General Use of the Service

    VoteBash hereby grants you permission to access and use the Services as described in these Terms, with the condition that:

    1. You consent not to reallocate in any platform or medium any element of the Services.
    2. You agree not to change or adjust any part of the Services.
    3. You concur not to utilize the Services for any of the subsequent commercial purposes unless VoteBash grants you written authorization:

      • the vending, auction or retail of access to the Services;
      • the vending, auction or retail of promotions, sponsorships, advertising within in the Services or Content; or
      • the vending, auction or retail of promotions, sponsorships, advertising on any advertisement-based web page or blog holding Content through the Services, unless the majority of the basic material of that web page or blog has not been transferred from VoteBash and appears on the same location and builds the main value of such a promotion, sale, auction, retail or vending;

    4. When using the Services, you comply with all appropiate laws.
    5. VoteBash reserves the right to change or cancel any feature or component of the Services at all times.

  3. Privacy

    All information you submit to VoteBash is subject to our Privacy Policy, which regulates our collection and utilization of your information.

  4. Content Contributors

    If you have a profile, comment on a Voteled e.g., post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    7. your profile and the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    8. your profile and the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s URL or user name is not the name of a person other than yourself or company other than your own; and
    9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by VoteBash or otherwise.
    If you delete Content, VoteBash will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, VoteBash has the right (though not the obligation) to, in VoteBash’s sole discretion (i) refuse or remove any content that, in VoteBash’s reasonable opinion, violates any VoteBash policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in VoteBash’s sole discretion. VoteBash will have no obligation to provide a refund of any amounts previously paid.

  5. Website Visistors

    VoteBash has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, VoteBash does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. VoteBash disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of Content there posted.

  6. Your Rights

    You maintain your rights to all Content you submit, place or present on or through the Services. By offering, sending or presenting Content on or through the Services, you grant VoteBash a global royalty-free, non-exclusive license (with the right to sublicense) to utilize, multiply, duplicate, reproduce, progress, change, datamine, adjust, send, broadcast, distribute, issue and present such Content in all kinds of media and any distibution channels available or publishing methods (now known or later developed). You concur that this license maintains the right for VoteBash to supply any Content to other companies, organizations or individuals who partner with VoteBash for the duplication, distribution, broadcast and issue of the Content on other services, platforms and media, subject to our terms and circumstances for such Content use. This further utilization of Content by other companies, organizations and individuals who partner with VoteBash, will not entitle you to any compensation with regard to the Content that you send, offer, post, publish, present or supply with any other means through the Services. VoteBash grants you a personal, global, royalty-free, non-assignable and non-exclusive license to use the software that is made available to you by VoteBash as part of the Services. This license allows you to utilize and explore the advantages of the Services provided by VoteBash, in the way that is acceptable by these Terms.

  7. VoteBash Rights

    The Services are protected by copyright, trademark, and multiple laws of the United States and foreign nations as well. The Terms does not handover you the right to use the VoteBash name or any of the VoteBash logos, trademarks, domain names (even unused ones), and other critical brand characteristics.

  8. Content on Other Websites

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and web pages to which the Services link, and that link to the Services. VoteBash does not have any control over those non-VoteBash web sites and web pages, and is not responsible for their contents or their use. By linking to a non-VoteBash web site or web page, VoteBash does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. VoteBash disclaims any responsibility for any harm resulting from your use of non-VoteBash web sites and web pages.

  9. Payment and Renewal

    Payment: Optional paid services such as VoteBash Verified Business Account are available on the Services (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay VoteBash the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade or after VoteBash activates the Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. Automatic Renewal: Unless you notify VoteBash before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Subscriptions section of Dashboard. Noncompliance with Payment and Renewal terms will lead to cancellation of the Upgrade. VoteBash reserves the right to revoke the Upgrade at all times, especially when these Terms have been violated.

  10. Copyright Infringement and DMCA Policy

    As VoteBash asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by VoteBash web sites and services violates your copyright, you are encouraged to notify VoteBash in accordance with VoteBash’s Digital Millennium Copyright Act (“DMCA”) Policy. VoteBash will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VoteBash will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VoteBash or others. In the case of such termination, VoteBash will have no obligation to provide a refund of any amounts previously paid to VoteBash.

  11. Intellectual Property

    This Agreement does not transfer from VoteBash to you any VoteBash or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VoteBash. VoteBash, The World Decides Here... (including its translations), Voteled, Bash Button, VoteBash logo and favicon, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of VoteBash or VoteBash’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any VoteBash or third-party trademarks.

  12. Advertisements

    VoteBash may place advertisements within the Services, in conjunction with the Content or any operation results, including its information, through the Services. VoteBash reserves the right to display advertisements on your Voteleds and other entities such as profiles etc.

  13. Termination

    VoteBash may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your agreement with these Terms or your VoteBash account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a VoteBash Verified Business Account or VoteBash Verified Account, such account can only be terminated by VoteBash if you materially breach this Agreement and fail to cure such breach within thirty (30) days from VoteBash’s notice to you thereof; provided that, VoteBash can terminate the Services immediately as part of a general shut down of our service. All provisions of this agreement with these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  14. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED “AS IS”. VOTEBASH AND ITS SUPPLIERS OR PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER VOTEBASH NOR ITS SUPPLIERS OR PARTNERS AND LICENSORS, MAKE ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO OR ANY CONTENT WILL BE CONTINUOUS OR UNINTERRUPTED.YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICES AT YOUR OWN DISCRETION AND RISK.

  15. Limitation of Liability

    IN NO EVENT WILL VOTEBASH, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO VOTEBASH UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. VOTEBASH SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  16. General Representation and Warranty

    YOU REPRESENT AND WARRANT THAT (I) YOUR USE OF THE SERVICES WILL BE IN STRICT ACCORDANCE WITH THE VOTEBASH PRIVACY POLICY, WITH THE VOTEBASH COMMUNITY GUIDELINE, WITH THE VOTEBASH LEGAL DISCLAIMER, WITH THESE TERMS AND WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING WITHOUT LIMITATION ANY LOCAL LAWS OR REGULATIONS IN YOUR COUNTRY, STATE, CITY, OR OTHER GOVERNMENTAL AREA, REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, AND INCLUDING ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE) AND (II) YOUR USE OF THE SERVICES WILL NOT INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

  17. Indemnification

    You agree to indemnify and hold harmless VoteBash, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these Terms.

  18. Exclusions

    Several jurisdictions prohibit the exclusion of specific warranties and/or the exclusion or limitation of liability for resulting or incidential damages. Therefore, the limitations named above will not apply to you in these jurisdictions.

  19. Entire Agreement, Law and Jurisdiction

    These Terms, the VoteBash Privacy Policy, the VoteBash Community Guideline and the VoteBash Legal Disclaimer constitute the entire and exclusive agreement ("Agreement") between VoteBash and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VoteBash, or by the posting of a revised version by VoteBash. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions or your state or country of residence, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wilmington, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

    These Services are operated and provided by VoteBash, Inc., 310 S. Harrington St., Raleigh, NC 27605.

  20. Assignment

    You may not assign your rights or licenses under this Agreement to any party; VoteBash may assign its rights and licenses under this Agreement without condition or restriction. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

  21. Changes to our Terms of Service

    VoteBash reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. VoteBash may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.

  22. More Information

    For questions and more information about these Terms you may send us an email to legal@votebash.com or write us at:

    Attn: VoteBash Terms of Service
    VoteBash, Inc.
    1201 N. Orange St., Suite 700
    Wilmington, DE 19801
    USA