Votters, ("Votters") Votters is a social site and platform that provides a wide variety of lists on a variety of subjects. Each “List”. We make it easy, fun, and social for Users to participate in the raking of List items via a drop-and-drag interface and a comprehensive database. Users of the Website and Service (each a “User”) can setup a profile with all of their ratings, lists and more, connect their profile with friends and meet new people with similar taste through our website located at and any other websites or applications, operated or controlled by us ("Website").
Please read these Terms of Service ("Terms") carefully as they govern your access to and use of the services on the Website (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, including Lists, User Content, Votters Content and User-Generated Lists (collectively referred to as "Content"). Services include all aspects of the Website, including but not limited to all products, software and services offered via the Website, such as the Widget, uploaders and other applications. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Except as otherwise provided for herein, you own all content you submit to the Website and/or Services, including but not limited to profile information, reviews, images, messages, and any other materials, including a User-Generated List ("User Content"). By submitting User Content you hereby irrevocably grant Votters a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to Use User Content for any purpose and in any media now existing or in the future. Notwithstanding the foregoing, you grant Votters an exclusive, perpetual license to Use any User Content that is your contribution to a User-Generated List. As used herein, a “User-Generated List” is List submitted by you to the Service.
You also irrevocably grant the Users of the Services and third party websites, mobile applications, Publishers and other platforms that have obtained User Content from Votters ("Third Party Properties") the same right you have granted to Votters herein to Use the User Content in connection with their use of the Services. As used herein, the right to “Use” means the right to, copy, display, perform, digitally perform, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works of, and , allow others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against Votters, any Third Party Properties and our and their users.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with any User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Votters to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any and all such User Content to enable inclusion and Use of the User Content in the manner contemplated by these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name, voice or likeness of each and every such identifiable individual person to enable inclusion and Use of the User Content in the manner contemplated by these Terms.
We may use, post or refuse to post, disable from view, remove or reinstate any Content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any User Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any User Content to you under any circumstances.
We are the sole and exclusive copyright owners of the Website and Services, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Website and Services excluding Your Content and third party content (collectively, the "Votters Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website, Services and Votters Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Votters Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Services, Votters Content or Votters's IP Rights.
Content on the Website and Service is provided to all Users AS-IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Votters. Votters reserves all rights not expressly granted in and to the Website, the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You understand that when using the Services you will be exposed to Content from a variety of sources, and that Votters is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Votters with respect thereto. Votters does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Votters expressly disclaims any and all liability in connection with Content.
The Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website or Services:
· Circumvent, disable or otherwise interfere with security related features of the Website or Service or features that prevent or restrict use or copying of any Content;
· Upload, post, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
· Use any meta tags or other hidden text or metadata utilizing Votters's name, trademark, URL or any product names;
· Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
· Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
· Upload, post, email, or otherwise transmit, via the Website or Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Votters;
· Upload, post, email, or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of the Website or Service; or (ii) interfere with the access of any users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Website or Service;
· Upload, post, email or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
· Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or any web pages available at the Website, servers or networks connected to the Website or Service or the technical delivery systems of Votters's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Service;
· Attempt to probe, scan or test the vulnerability of the Website or Service or breach or impair or circumvent any security or authentication measures protecting the Website or Services;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services;
· Attempt to access, search or meta-search the Website or Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Votters or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Website or Service to determine how a website or web page ranks;
· Collect, harvest or store (or permit anyone else to collect, harvest or store) personal data about other Users without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
· Share your Account password with any third party except as expressly permitted in writing by Votters;
· Use the Website or Services in any manner not permitted by this Agreement; or
· Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms.
In submitting User Content to us, you represent that:
· You are the sole author of the User Content, and the User Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
· Use of User Content by Votters, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to User Content that are images, you agree that at least one of the following is met:
· You have taken the photograph or created the artwork being submitted;
· You own the rights to the image; or
· You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of User Content submitted to us will not:
· Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
· Contain material that violates the standards of good taste or the standards of the Properties;
· Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
· Accuse others of illegal activity, or describe physical confrontations;
· Contain material that is illegal, or that violates any federal, state, or local law or regulation;
· Contain language or images intended to impersonate another person;
· Disguise or attempt to disguise the origin of User Content;
· Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
· Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
· Assert or imply that User Content is in any way sponsored or endorsed by us; or
· Contain material that is not in English;
We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from the Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Votters is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Votters will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to Votters under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Votters has developed proprietary software (the "Widget") which includes an online list publishing widget and online data management platform designed for organizing, querying, analyzing, exporting and developing reports based on voting on and publishing lists. Votters makes the Widget available to third parties (“Publishers”) solely for display on Publisher's website via HTML embedded code Upon embedding the Widget, Publisher is granted a royalty-free, non-exclusive, non-transferable, non-assignable right to download, and install the Widget on the Publisher's websites and to display the Widget, Lists and other Content Votters delivers to the Widget and to collect and report quantitative List and other data ("List Data") from visitors to the Publisher's websites.
Publisher hereby acknowledges and agrees that Votters owns and shall retain rights in and to the Widget, including, without limitation, (i) all patent, copyright, trade secret, database rights, trademark and other intellectual property rights in and to the Widget, and any corrections, bug fixes, enhancements, updates or other modifications to the Widget, whether made by Publisher, Votters or any third party and (ii) all List content, each List, List analysis, end-user presentations, the List Data and other data generated from the use of the Widget. ("Widget Content")
If you believe that any content has been posted on the Service, Website or Widget in a manner that constitutes copyright infringement, please notify Votters by providing its designated Copyright Agent with the written information specified below:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· 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.
· 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. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
· 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.
· 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.
· 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.
Votters's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
The purpose of this section is to make clear what we consider to be acceptable use of Votters.
If you are found to be in violation of any of the policies listed below, your account will be frozen and you will be notified via email when possible. Unless you explain or correct your behavior within 48 hours, your account will be suspended. Though our goal is to work with you to ensure an equitable outcome in all cases, we reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be illegal, spam, systematically generated, or potentially damaging to our service or infrastructure.
When your account is suspended, public access to your content is blocked. Access to your Votters account and the ability to add/edit posts will also be disabled.
Votters is not intended to be an all-purpose content aggregator. Users who import or aggregate content that is unrelated to the purpose of the Website will be subject to suspension.
Although the use of copyrighted material does not necessarily constitute infringement, as a rule users should exercise caution when using copyrighted content without the permission of the content owner. It is Votters policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Accounts that use Votters's Video/Photograph upload feature to upload and host sexually explicit or pornographic material will be suspended.
Users that publish content that is not meaningful or relevant, use deceptive means to generate revenue or traffic, or post primarily for the purpose of affiliate marketing, will be subject to suspension.
The appropriation and use of the identity of another person are not permitted. Users may not post other people's personally identifying or confidential information. You may not post information such as other people's credit card numbers, Social Security Numbers, driver's and/or other license numbers, passwords, usernames, phone numbers, addresses and email addresses.
Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent are not allowed on Votters. Though an allegation of defamatory expression, in and of itself, does not establish defamation, as the truth or falsehood of an expression is a necessary element in establishing defamation, therefore, as we are not in a position to make that sort of fact-based judgment, we will remove any statement that we have reason to believe could be defamatory.
Votters may not be used for illegal purposes. Examples of this include using Votters for deceptive or fraudulent purposes.
We will terminate accounts and block access of individuals who attempt unauthorized use of Votters.com.
Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. VOTTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, AND CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. VOTTERS DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
VOTTERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, SERVICE OR CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVICE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 WEBSITE OR SERVICE, AND/OR (VI) OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOTTERS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL VOTTERS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VOTTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL VOTTERS'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
Votters reserves the right, in its sole discretion, at any time to modify, discontinue or terminate any aspect of the Website or Services, or modify these Terms without notice. Votters may also impose limits on certain features and services or restrict your access to parts or the entire Website or Service without notice or liability at any time in Votters's sole discretion, without prejudice to any legal or equitable remedies available to Votters, for any reason or purpose, including, but not limited to, conduct that Votters believes violates these Terms or other policies or guidelines posted on the Website or conduct which Votters believes is harmful to it, the Website, the Service, or others. All modified terms and conditions will be effective when posted on the Website (unless a longer notice period is required by applicable law). If any modified Terms are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Services after Votters makes any such modification, you agree to be bound by the revised Terms.