3rd Party Links, sites and services
Disclaimers and Limitation of Liability
Governing Law and Dispute Resolution
Votap aims to help you solving your problems. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
2.1 Service Eligibility
You may use Votap only if you can legally form a binding contract with Votap, and only in compliance with these Terms and all applicable laws. When you create your Votap account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Votap if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Votap has been provided to us. Using Votap may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
3. Your content
3.1 Posting Content
Votap allows you to create a poll or comment on a poll containing photos, text, links and other materials. Anything that you post or otherwise make available on Votap is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Votap.
3.2 Using Your Content
You grant Votap and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Votap solely for the purposes of operating, developing, providing and using Votap. Nothing in these Terms restricts other legal rights Votap may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Votap, for any reason. This includes User Content that we believe violates these Terms and our Privacy Policies.
3.3 Content Retention
Following termination of your account, or if you remove any User Content from Votap, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Votap and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Votap.
4. Third party links, sites and services
Votap may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Votap. Votap generally does not review content provided by our users. You agree that we are not responsible for others’ (including our users) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
If you access any third party website, service, or content from Votap, you do so at your own risk and you agree that Votap has no liability arising from your use of or access to any third party website, service, or content.
5. Disclaimer and limitation of liability
Our Service and all content on Votap is provided on an "as is" basis without warranty of any kind, whether express or implied. Votap specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Votap takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
5.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOTAPSHALL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL VOTAP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Votap’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Votap isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
We want Votap to be a platform for people feel welcome and safe to express themselves and share their thoughts and ideas. We may remove your content or even terminateor suspend your access immediately and without notice if we have a good reason, including any violation of our “Dos and Don’ts” guideline below. Upon termination, you continue to be bound by Sections 3 and 7 of these Terms.
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information.
a. Create a false identity on Votap, misrepresent your identity, create an user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Votap;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others);
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
g. Violate the intellectual property or other rights of Votap, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Votap” or our logos in any business name, email, or URL.
h. Post anything that contains software viruses, worms, or any other harmful code;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by Votap without our express consent;
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ourconsent;
l. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without ourconsent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services’ availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
r. Post any discriminating and sexual or nudity content.
8. Governing law and dispute resolution
These Terms shall be governed by the laws of the Hong Kong, without respect to its conflict of laws principles. If you are not an user in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Hong Kong and our dispute will be determined under Hong Kong law. If you are an user in EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
9. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
If we don't act to enforce a breach of this Contract, that does not mean that we have waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Votap may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
We care about the security of our users. While we work to protect the security of your content and account, we can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
11. Contact us
We value hearing from our users, and are always interested in learning about ways we can make Votap more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Votap doesn’t waive any rights to use similar or related feedback previously known to Votap, or developed by its employees, or obtained from sources other than you.
If you have any question about our practice, please do not hesitate to contact us at email@example.com