Terms of Use
The services offered by Votika include the Votika website and any other features, content, or applications offered from time to time by Votika in connection with the Votika website (collectively, the "Services").
1. Acceptance
THESE TERMS ("TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED PUBLISHER, TRIAL USER, VISITOR)("YOU" AND "YOUR") AND VOTIKA LLC. ("VOTIKA"). YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SERVICES. VOTIKA RESERVES THE RIGHT TO UPDATE THESE TERMS AND REVISE OR MODIFY THE SERVICES WITHOUT NOTICE AT ANY TIME AND YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF SUCH UPDATED TERMS OR REVISIONS OR MODIFICATIONS.
2. Conditions
Votika hereby grants you permission to use the Services as set forth in this Agreement, provided that you agree that (i) you will not copy or distribute any part of the website or Services in any medium without Votika's prior written authorization; (ii) you will not alter or modify any part of the website or Services other than as may be reasonably necessary to use the website for its intended purpose; and (iii) you will otherwise comply with the these Terms and Conditions.
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 Votika website is not intended for children under 13. If you are under 13 years of age, then do not use the Votika website or Services.
Because the Votika website contains user-contributed content, you acknowledge that by using the Votika website and Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances shall Votika be liable in any way for the use of such content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the Services.
Votika reserves the right to review materials posted and to remove any materials in its sole discretion
3. TERMINATION
Votika reserves the right to terminate your access to any or all of the Services (including but not limited to terminating or suspending your account and deactivating your user name and password) at any time, without notice, for any reason whatsoever. Upon such termination, suspension or deactivation, any information you have stored may not be retrieved later.
4. YOUR ACCOUNT INFORMATION
Certain products and services offered may require registration. In consideration of the use of such products and services, in registering and providing such data, you represent and warrant that:
(i) the information about yourself is true, accurate, current and complete, and
(ii) you will maintain and update your Account Information as necessary
We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with the Votika Privacy Policy, which is expressly incorporated herein by reference. To view the Votika Privacy Policy, please click here.
You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by selecting "Edit Profile" from the Votika website.
7. USER GUIDELINES AND PROHIBITED CONTENT
You agree that you will not use the Votika website and Services to:
(a) Use the Services in a manner which is abusive or harassing to any other user.
(b) Collect or store personally identifying information about other users for commercial or unlawful purposes.
(c) Impersonate any person or entity, including, but not limited to, a Votika employee or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication.
(e) Engage in any activity which may compromise the stability or availability of the Services or use the Services to compromise the availability or stability of any third party site or service.
(f) Use the Service for any unsolicited advertising or promotions.
(g) Use automated means, including spiders, robots, crawlers, or the like to download data from any Service database.
(h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
(i) Circumvent any security measures employed on any Services, or access the Services after your account or access has been terminated by Votika.
(j) Attempt to gain unauthorized access to any Services or other publishers' accounts by hacking, password mining or any other means.
(k) Upload, post, email, otherwise transmit, or post links to any Content, or select any publisher name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
(l) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy.
(m) Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or any third party software, site, equipment or service.
(n) Upload, post, email, otherwise transmit, or post links to any material that will violate any law, statute, ordinance, or regulation.
(o) Upload, post, email, otherwise transmit, or post links to any material that contains nudity or any other material that may be considered "adult", obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate. If you do post such content, you agree to take responsibility for any damages arising from your inclusion of such content.
9. LICENSE GRANT FOR SHARED CONTENT
Votika does not claim ownership of the materials you provide to Votika (including feedback and suggestions) or post, upload or submit via the Service (each a "Submission"). However, by posting, uploading, providing or submitting any Submission you are granting Votika permission to use your Submission in any manner, including, without limitation, the worldwide, royalty-free, nonexclusive license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any third party. No compensation will be paid with respect to the use of your Submission by Votika or any third party.
In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of any applicable materials contained in such Submission, or that the copyright owner has granted you permission to use their content, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.
10. INTELLECTUAL PROPERTY RIGHTS
Votika and its licensors retain exclusive ownership of the Votika website and Services, and all intellectual property rights associated therewith. Votika and its licensors retain exclusive ownership of any data that is collected by Votika during its operation including, but not limited to, all tik counts and Top10 rankings that are created during operation of the Votika service. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. Votika reserves all rights not expressly granted hereunder. You shall promptly notify Votika in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of Votika or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions. Votika expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your account immediately for your failure to comply with any such local, state or federal law.
11. THIRD PARTY LINKS
This Agreement applies to all users of the Votika website, including users who are also contributors of materials or content, information, and other materials or services on the website. The Votika website may contain links to third party websites that are not owned or controlled by Votika. Votika has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Votika will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Votika from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Votika website and to read the terms and conditions and privacy policy of each other website that you visit.
12. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
Votika will make reasonable efforts to keep your account and the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Votika also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. Votika shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to any of the Services.
13. DISCLAIMER OF WARRANTY
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE INCLUDING BUT NOT LIMITED TO ANY PRODUCTS OR SERVICES PROVIDED THROUGH VOTIKA BY ANY OF VOTIKA'S THIRD-PARTY PARTNERS, SUPPLIERS, OR SERVICE PROVIDERS. VOTIKA RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE SITE OR THE SERVICES AT ANY TIME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VOTIKA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT VOTIKA AND IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY CONTENT, WHICH MAY BE INFRINGE THE RIGHTS OF OTHERS OR BE INACCURATE, OR ILLEGAL (SUCH AS BEING OBSCENE, INDECENT, DEFAMATORY, THREATENING, OFFENSIVE,OR TORTIOUS); OR (2) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE VOTIKA SITE. IN NO EVENT SHALL VOTIKA AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR THE SERVICES EVEN IF VOTIKA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold Votika and all of our officers, directors, owners, agents, information providers, affiliates, and licensors (collectively, the "Votika Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Votika Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material you submit to the Service, including but not limited to claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement, and any claim or liability relating to the content, quality, or performance of materials you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
16. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Massachusetts, conflict of laws principles excluded, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in [TBA]. This Agreement together with the Privacy Policy and any other legal notices published by Votika on the website constitute the entire agreement between you and Votika with respect to the Service, and supersedes all previous written or oral agreements.
You consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Massachusetts. If either Votika or you employs any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
17. GENERAL
No delay or failure to take action under this Agreement shall constitute any waiver by Votika of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.