TERMS OF SERVICE
Effective Date: April 1, 2016
The following Terms of Service ("Terms") constitute an agreement between VOTOCAST, Inc. ("VOTOCAST", "we", "our", "us") and you, the visitor, governing VOTOCAST mobile applications and websites (the "Services"), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").
READ THESE TERMS CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SERVICES PROVIDED BY VOTOCAST AND ITS SUBSIDIARIES AND AFFILIATES. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
We may modify these Terms from time to time and your continued use of the Services following such change shall signify your agreement to be bound by the modified Terms.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT ARBITRATION CLAUSE, YOU AND VOTOCAST AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND VOTOCAST WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old or older to use the Services. At times, we or our partners may offer additional Services with additional terms that may require you be older than 13 years of age to user them. Please read all terms and Official Contest Rules carefully.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You may not post and there is no tolerance for violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, obscene, pornographic or sexually suggestive videos, photos or other content via the Services.
You may use the Services only if you can form a binding contract with VOTOCAST and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
VOTOCAST may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by VOTOCAST on the Services are subject to change. In consideration for VOTOCAST granting you access to and use of the Services, you agree that VOTOCAST and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your VOTOCAST account (such as Twitter, Facebook or your email). VOTOCAST cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will VOTOCAST be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, VOTOCAST needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for VOTOCAST to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with VOTOCAST for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. This includes VOTOCAST's ability to sublicense the Content, for a fee, to other third parties. Such additional uses by VOTOCAST, or other companies, organizations or individuals who partner with VOTOCAST, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be sublicensed, syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. VOTOCAST will not be responsible or liable for any use of your Content by VOTOCAST in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You hereby agree to indemnify, defend and otherwise hold VOTOCAST harmless from any and all demands, claims and actions by third parties (individually and collectively, "Claims"), and all liabilities, judgments, damages, fines, penalties, costs and expenses (including reasonable attorney's fees) incurred by such third parties in connection therewith (individually and collectively, "Liabilities"), resulting from any Claim that your Content infringes on the intellectual property or other proprietary rights of any third party, including any right of privacy.
VOTOCAST gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by VOTOCAST as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VOTOCAST, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of VOTOCAST and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. VOTOCAST reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding VOTOCAST, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you.
If we terminate your access to the Services or you request to have your account deactivated, your videos, comments, votes, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your videos), but those materials and data may persist and appear within the Services (e.g., if your Content has been reshared by others or if your Content has won a contest).
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
You may not do any of the following while accessing or using the Services:
VOTOCAST honors the requirements set forth in the Digital Millennium Copyright Act. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, VOTOCAST will also terminate a user's account if the user is determined to be a repeat infringer.
The Terms will continue to apply until terminated by either you or VOTOCAST as follows.
You may end your legal agreement with VOTOCAST at any time for any reason by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, 12 and 13.
Nothing in this section shall affect VOTOCAST 's rights to change, limit or stop the provision of the Services without prior notice.
Please read this section carefully since it limits the liability of VOTOCAST and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "VOTOCAST Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, VOTOCAST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
VOTOCAST Entities make no warranty and disclaim all responsibility and liability for:
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VOTOCAST Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VOTOCAST ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VOTOCAST ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VOTOCAST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE VOTOCAST ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH VOTOCAST, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with VOTOCAST.
The failure of VOTOCAST to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
If you have questions regarding these Terms, please do not hesitate to contact us at any time (support@VOTOCAST.com).