Terms of Service
c/o Blue Monkeys GmbH
1020 Vienna, AUSTRIA
May 6, 2018
Welcome to the iVoting.co ("iVoting," "we" or "us") website located at www.ivoting.co (the "Site"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Services (as defined below). By using our Services, you agree to be bound by these Terms, with your agreement being further specified in Section 2. Please contact us with any questions at firstname.lastname@example.org.
1. Description of Services
1.1. The "Service(s)" means iVoting’s application software (including the Site, our mobile device application ("App"), ("Software") and all of Our Content (as defined below). The Service does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not iVoting designates them as official integrations (each a "Non-iVoting Product"). Any modifications and new features added to the Service are also subject to these Terms. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to iVoting, including the rights to any text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, de-identified and aggregated data collected by the Services, and information or other materials that are posted, generated, provided or otherwise made available by us through the Services ("Our Content").
1.2. The Service allows users to set up a poll and/or answer questions via our website on your computer, tablet, or smartphone.
2. Agreement to Terms
2.2. PLEASE BE AWARE OF THE AGREEMENT TO ARBITRATE LOCATED IN SECTION 13 OF THESE TERMS, AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS AND CLASS ACTIONS.
2.3 ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. DO NOT USE YOUR MOBILE PHONE WHILE DRIVING.
3. Your Access and Use of the Services
3.1. You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by iVoting in its sole discretion). See Section 11 below for further provisions outlining prohibited uses of the Services. You shall comply with any codes of conduct, policies, or other notices iVoting provides you or publishes in connection with the Services from time to time, but if any of those policies materially change the Terms, we will provide you with reasonable notice as provided in Section 7 below.
3.2. Any Software or any of Our Content that may be made available by or on behalf of iVoting in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, iVoting only grants you a personal, non-sublicensable, non-exclusive and revocable license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
3.3. Subject to your compliance with these Terms, iVoting grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service on a mobile device or computer that you own or control and to run the Service. iVoting reserves all rights in and to the Service not expressly granted to you under these Terms.
3.4. You may not share your Account information with, or allow access to your Account by, any third party. You are solely responsible for all activity that occurs under your access credentials, whether or not a third party accesses your Account.
3.5. You may not sell, resell or lease the Services unless you have entered into a separate agreement with iVoting to do so.
3.6. You shall promptly notify iVoting if you learn of a security breach related to the Service.
3.7. You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of iVoting.
3.8. When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of iVoting.
3.9. The Software may not be used in any way that is not expressly permitted by these Terms.
4. Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data
4.2. Your acceptance of these Terms does not grant us full ownership of all of Your Data. As between iVoting and you, you are only granting us the rights and licenses necessary to provide our Services to you and any other services for which you have signed up through any of our business partners. In order for us to provide the Services to you, we need to be able to transmit, store and copy Your Data in order to display it to you and to those with whom you share it or you authorize us to share it, to index it so you are able to search it, to make backups to prevent data loss, and so on.
Your acceptance of these Terms grants us any such rights and licenses necessary to provide the Service to you, and any other services or products for which you have signed up through any of our business partners. For example, if you have agreed to share any of Your Data, or any other data we collect in connection with your use of the Services, with one of our partners or affiliates or other third party, you grant us the rights and licenses to share or deliver such data. This permission includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
If you authorize a third party to receive Your Data, via our Services, email, agreement, or other form of consent, we may provide Your Data to a third party. If we have an agreement with such third party to market the Services or otherwise provide services or products to you, either jointly or separately, we may rely on a representation from that third party that you have authorized such third party to receive Your Data. When you choose to share Your Data with a third party, we are no longer responsible for Your Data or such third party's use of Your Data.
For clarification purposes, you grant us the necessary licenses to Your Data for us to create aggregated and/or de-identified data for our use in providing the Services and otherwise. Notwithstanding anything else in these Terms, we may use and sell such aggregated and/or de-identified data, which is compiled from our users, and does not directly identify you, for any purpose we see fit.
4.3. You are solely responsible for your conduct and the content of Your Data. You represent and warrant that you own all Your Data or you have all rights that are necessary to grant us the license rights in Your Data under these Terms. You also represent and warrant that neither Your Data, nor your use and provision of Your Data, nor any use of Your Data by iVoting on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, appropriateness, or legality of Your Data. Should you be in violation of these Terms, we have the right to remove any of Your Data causing such violation.
5. Your Feedback
While you retain ownership in all rights to your feedback and suggestions, you agree that by submitting suggestions or other feedback regarding our Services or iVoting, iVoting may use such feedback for any purpose without compensation to you. We appreciate all of your feedback and suggestions, and you can submit feedback by emailing us at email@example.com.
6. Children’s Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register or sign up for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
7. Changes and Modifications to Terms of Service
We may modify these Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
8. Who May Use the Services
8.1. You may use the Services only if you are 13 years or older and capable of forming a binding contract with iVoting and are not barred from using the Services under applicable law.
8.2. If you want to access and use the Services, you'll have to create an account ("Account"). You can do this via the Services. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
9. Third-Party Products
We do not warrant any third-party products or support, even if included with other products. Any third-party products ordered from us or a reseller are provided by us are as-is and without warranty of any kind, and we are not liable or responsible for any service interruptions or failures caused by use of any third-party products with the Services. The third-party product manufacturers or suppliers may provide their own warranties and in that event the customer shall rely upon such other manufacturers' or suppliers' applicable warranties.
11. General Prohibitions
11.1. You further agree not to do any of the following:
11.1.1. Post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
11.1.2. Use, display, mirror or frame the Services, or any individual element within the Services, iVoting’s name, any iVoting trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without iVoting's express written consent;
11.1.3. Access, tamper with, or use non-public areas of the Services, iVoting's computer systems, or the technical delivery systems of iVoting's providers;
11.1.4. Attempt to probe, scan, or test the vulnerability of any iVoting system or network or breach any security or authentication measures;
11.1.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by iVoting or any of iVoting's providers or any other third party (including another user) to protect the Services;
11.1.6. Attempt to access or search the Services or download any Software or Our Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by iVoting or other generally available third-party web browsers;
11.1.7. Use any meta tags or other hidden text or metadata utilizing an iVoting trademark, logo, URL or product name without iVoting's express written consent;
11.1.8. Use the Services for the benefit of any third party or in any manner not permitted by these Terms;
11.1.9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
11.1.10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11.1.11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
11.1.12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
11.1.13. Impersonate or misrepresent your affiliation with any person or entity;
11.1.14. Violate any applicable law or regulation; or
11.1.15. Encourage or enable any other individual to do any of the foregoing.
11.2. Although we're not obligated to monitor access to or use of the Services or to review or edit any of Services or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Our Content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Our Content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Unless otherwise agreed to by both parties in writing, you and iVoting agree that, in order to expedite and control the cost of any disputes, any legal or equitable claim arising out of or relating in any way to your use of the Services, or any use of the Services by a user to whom you provide access to your Account, or arising out of or relating to these Terms ("Claim") will be resolved as follows:
12.1. Informal Dispute Resolution. You and iVoting agree to attempt to resolve any disputes informally before initiating any arbitration or other formal proceedings, and neither of us may start an arbitration or other formal proceeding for at least 30 days after you contact us or we contact you regarding any dispute ("Informal Negotiation Period").
12.2. No Class Actions. Unless you and iVoting agree otherwise, you may only resolve disputes with us on an individual basis. Class actions, class arbitrations, private attorney general actions and consolidations with other Claims are not allowed. Neither you nor iVoting may consolidate a Claim or Claims as a plaintiff or a class member in a class action, a consolidated action or a representative action.
12.3. Consent to Jurisdiction. You and iVoting agree that any judicial proceeding will be brought in the Commercial Court in Vienna, AUSTRIA (Handelsgericht Wien).
12.4. Release from Third-Party Claims. Because iVoting is not party to any agreements between you and any third parties or involved in the completion of any associated professional services, in the event that you have a dispute with one or more other third parties, as applicable (each, an "Other Party"), you agree to address such dispute directly with the Other Party in question and you release iVoting (and our officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential)) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
13.1. These Terms will continue in full force and effect unless and until your Account or these Terms are terminated as described herein.
13.2. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time via our website www.ivoting.co. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of the Terms that should, by their nature, survive termination of this Terms will survive termination. Such provisions include, but are not limited to: Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data; Disclaimers; Indemnity; Limitation of Liability; Arbitration Agreement, Dispute Resolution and Release; General Terms; and provisions related to ownership.
13.3. All accrued rights to payment shall survive termination of the Terms.
13.4. Notwithstanding Section 16.2, please be aware that once your Account has been terminated, we no longer have any obligation to maintain or provide Your Data, and we may delete or destroy all copies of Your Data in our possession or control, unless legally prohibited.
14.1. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IF APPLICABLE TO YOU, THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IVOTING EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY. Except with respect to the limited warranty contained herein, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or anything shared by any users of the Services.
14.2. You are solely responsible for your interactions with other users on the Services. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services.
14.3. Neither iVoting nor its affiliates or licensors is responsible for the conduct of any user of iVoting's Services. Your use of the Services and your use of Your Data in connection with the Services and performance of and participation in any professional services is at your sole risk and discretion and iVoting hereby disclaims any and all liability to you or any third party relating thereto.
14.4. Third-Party Services and Wireless Providers. You or we may use a third-party provider (i.e., neither you nor us) for connectivity and/or other services associated with iVoting’s Services, such as cellular and wireless connectivity. iVoting cannot and does not guarantee uninterrupted or continuous service or specific area coverage and is not responsible for downtime or loss of use of the Services caused by the third-party provider's lack of provision of such services.
YOU UNDERSTAND AND AGREE THAT YOU: (1) HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIERS, (2) ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND THE UNDERLYING CARRIERS, (3) THAT THE UNDERLYING CARRIERS HAVE NO LIABILITY OF ANY KIND TO YOU, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, (4) THAT MESSAGES OR DATA TRANSMISSIONS MAY BE DELAYED, DELETED OR NOT DELIVERED, AND 911 CALLS MAY NOT BE COMPLETED, AND (5) THE UNDERLYING CARRIERS CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
15. Limitation of Liability
15.1. NEITHER IVOTING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IVOTING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15.2. IN NO EVENT WILL IVOTING'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IVOTING AND YOU.
15.3. Any cause of action related to the Services or the Terms must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.
15.4. Force Majeure. iVoting shall not be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by iVoting; government restrictions; or other event outside the reasonable control of iVoting. iVoting will use reasonable efforts to mitigate the effect of a force majeure event.
16.1. You will indemnify, defend and hold harmless iVoting and its officers, directors, employees and agents, from and against, and covenant not to sue them for any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Our Content; (ii) Your Data; (iii) your performance of or participation in professional services in connection with your use of the Services or Our Content; or (iv) your violation of these Terms. iVoting reserves the right to control and conduct the defense of any matter subject to indemnification under these Terms. If iVoting decides to control or conduct any such defense, you agree to cooperate with iVoting’s requests in assisting iVoting’s defense of such matters.
17. General Terms
17.2. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without iVoting’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. iVoting may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.3. Governing Law. The Terms and the relationship between you and iVoting shall be governed by the laws of Austria.
17.4. Notices. Any notices or other communications provided by iVoting under these Terms, including those regarding modifications to these Terms, will be given by iVoting: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
17.5. Waiver and Severability. iVoting’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iVoting. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any of these Terms is unenforceable, it will not affect the enforceability of the rest of the Terms.
17.6. Contact Information. If you have any questions about these Terms or the Services please contact us at email@example.com or Stella-Klein-Loew-Weg 11, 1020 Vienna, Austria.