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