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Votivation Impact
| Total Votes: | 83,162 |
| Total Points: | 6,782,488 |
| Total Cash: | $219,584 |
| Currency: |
Top Earners
| Mail Onlin... | $9.75 |
| AIMSE user... | $9.75 |
| Verity | $9.75 |
| Willie Ren... | $9.75 |
| Business V... | $9.75 |
| ACME | $3.20 |
| RobM | $2.11 |
| Mail Onlin... | $1.95 |
| Albaman | $0.47 |
| Mikmo | $0.16 |
Terms of Service
Welcome to Votivation! Here's our Terms of Service small print. We're sorry that it's rather long-winded but because there's so much going on at Votivation and because of the nature of the service, we've been advised to take a "belt and braces" approach. To help you sprint rather than wade through this treacle, the more critical areas are highlighted below in bold.
For Additional Votivation Services (e.g. Votivation BeSpeak) please see ‘Addition Votivation Services' section below.
Votivation Limited Terms of Service
For Additional Votivation Services (e.g. Votivation BeSpeak) please see .Additional Votivation Services' section below.
Votivation ("Votivation", "we" or "us") provides the Votivation service (the "Service") to you ("You", "a/the member" or "a/the user") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you (and you should therefore visit this page periodically). You can review the most current version of the TOS at any time. By using the Service you accept and agree to be bound, without limitation or qualification, by these TOS.
IF YOU DO NOT ACCEPT ANY OF THE TERMS STATED HERE, DO NOT USE THE SERVICE.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms .you. or .your. shall refer to such entity. If you do not have such authority, or if you do not agree to these terms and conditions (or do not sign this agreement), you may not use the Service.
Votivation may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Votivation's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Votivation's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Votivation (such notice shall be deemed given when received by Votivation) at any time by any of the following: letter sent by confirmed facsimile to Votivation at the following fax number (+44 8450 564448); letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to Votivation Limited at the following address: Unit 109, Langdale House, 11 Marshalsea Road, London, SE1 1EN, United Kingdom, addressed to the attention of: Chief Operating Officer.
Votivation provides members with access to a technology via the Service that:
- Enables the creation of a profile and opinions, petitions and polls to be voted upon
- Enables voting on other profiles, opinions, petitions and polls
- Displays the various view and vote rankings of profiles, opinions, petitions and polls
- Enables members to subscribe to content, refer other users to the Service, win prizes and generate cash and other benefits through the Service for themselves or their nominated charity.
In doing so Votivation acts as an independent distributor with supervisory status over content submitted to and use of the Service by you. Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided "as-is" and that Votivation assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store, represent, publish or otherwise transmit or receive any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based or Internet content, and pay any service fees associated with such access. UK members (and those from other countries in which our mobile services are available) must have a legally-owned and paid up-to-date mobile/cell phone account and number. In particular you must ensure payment of any charges arising from your use of the Service to your network provider(s) in respect of which we will give you a revenue share. You or your service provider(s) are responsible for all equipment necessary to make such connections to/from the World Wide Web and your mobile/cell phone network.
Please be aware that some members may create certain areas on the Service that contain adult or mature content. Unless otherwise specified in these TOS you must be at least 18 years of age to access and view such areas and 14 years of age or more to access, view and use all other areas of the Service.
The Service is not designed for Children (minors aged 13 or less) and Votivation accepts no responsibility for exposure of such persons to the content published by other members via the Service.
Premium content services are provided subject to you receiving a limited number of text or email messages, some of which will be charged to you at advertised prices, or of you otherwise subscribing to use the service via means set out at Votivation.com. Charges for the Premium content services will not exceed £/$US/Euro 5.00 per month unless otherwise set out in these TOS.
Other additional services may be requested by you at your option and convenience; these may be provided free or at a charge set out within the Service and accepted by you in requesting that service. If any changes to our services or charges relating thereto are contemplated, Votivation will inform all members by email of the new conditions at a minimum of one week's notice period.
In consideration of your use of the Service, you agree to:
a. Provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration and "Create Profile/Opinion" facilities (such
information being the "Registration Data" or "Profile/Opinion
Data");
b. Maintain and promptly update the Registration/Profile Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current, incomplete, or if you create multiple profiles, or if
Votivation has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Votivation has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
c. Pay your mobile network charge bills and invoices relating to the Service.
Votivation is concerned about the safety and privacy of all its members, particularly children, but please remember that the Service is designed to appeal to a broad audience. For this reason, parents of those under the age of 14 who wish to allow their children access to the Service do so at their and their child's own risk and agree to be with the child at all times during their children's activity on the site and to otherwise take responsibility for the child's exposure to inappropriate material accessible directly or indirectly via the Service. From time to time specific parts of the Service may be designed and set up specifically to be used by persons under 14 years of age and these parts of the Service will normally be clearly indicated as such. Accordingly, as the legal guardian, it is your responsibility to determine whether any parts of the Service and/or Content (as defined in Section 6 below) are appropriate for your child. By accompanying your child on the site you certify that you are at least 18 years old and that you are the legal guardian of the child/children.
For you and your child's benefit Votivation suggests (without any warranties explicit or implicit) that you download some appropriate blocking of content control software from, for example, the following services: Net Nanny and Safe Surf.
4. Votivation PRIVACY STATEMENT
Votivation is registered in accordance with the Data Protection Act 1998 (reg. no.: Z674273X) and practices 100% opt-in permission marketing. Certain Registration Data, Profile Data, Opinion Data, voting activity data and certain other information about you and other Users are subject to our Privacy Policy.
Votivation reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Users, from time to time, may receive marketing and other non-critical Service-related communications from Votivation. They may opt out of receiving such communications at that time or at any subsequent time by changing their preference under .My Account.. Note that because the Service is a hosted, online application, Votivation occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
5. ACCOUNT PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your password or account and and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You agree to:
a. Immediately notify Votivation of any suspect or actual unauthorised use of your password or account or any other breach of security by contacting security @ votivation.com;
b. take all necessary and reasonable steps to ensure that during each session or following your exit from your account at the end of each session your password or account are not made available to other internet users. Votivation cannot and will not be liable for any loss or damage arising from your failure to comply with these guidelines; and
c. not impersonate another Votivation user or provide false identity information to gain access to or use the Service.
You are responsible for providing and maintaining all of the network, IT and communications facilities (and for being authorised to use them) necessary for use of the Service.
You understand that all information posted, published or otherwise transmitted by users or members via the Service ("Content") is the sole responsibility of the person from which such Content originated. This means that you, the member or user, and not Votivation, are entirely responsible for all Content that you post, input, up/download, or otherwise transmit or receive. Votivation does not moderate or control the member/user-produced Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Votivation be liable in any way for any member/user-produced Content, including, but not limited to, any errors or omissions in any member/user-produced Content, or for any loss or damage of any kind incurred directly or indirectly as a result of the use or interpretation of any member/user-produced Content posted, emailed or otherwise transmitted via the Service unless otherwise specified by Votivation.
The Electronic Frontier Foundation provides useful guidance on the rights of web users and "bloggers" to publish ideas, information, thoughts, criticism and views in the public domain. We would recommend the following elements as being particularly useful and relevant to your use of Votivation and the possible treatment of copyright and related issues:
BY THEIR VERY NATURE, SERVICES WHICH MAKE AVAILABLE PUBLICLY CREATED CONTENT MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELLED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGEMENT WHEN USING SUCH SERVICES AND ANY CONTENT THEREIN.
SHOULD YOU BELIEVE THAT YOU HAVE IDENTIFIED CONTENT THAT VIOLATES THESE TOS PLEASE INFORM US VIA violation @ votivation.com or use the "They can't say that!" buttons throughout the site. All such communications reasonably received by Votivation will be considered. In our considerations we will usually be most influenced by the views of our members as democratically expressed through the Service.
By using Votivation you agree not to:
i. Post or otherwise transmit any
Content that is unlawful, harmful, threatening, illegal, abusive, harassing,
defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful,
racially, ethnically or otherwise objectionable, or likely to be interpreted
that way;
ii. Harm minors in any way, directly or indirectly through your use of the
Service;
iii. Impersonate any person or entity, including, but not limited to a
Votivation official or another User/Member, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
iv. Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
v. Post or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
vi. Post, or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
vii. Post, or otherwise transmit any unsolicited or unauthorised advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
viii. Post or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
ix. Interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
x. "Stalk" or otherwise harass another; or
xi. Collect or store unauthorised personal data about other Users other than
that for which the Service is deliberately designed by Votivation and specified
as such at Profile or Opinion creation.
You acknowledge that Votivation does not pre-screen Content (except for obscene words), and Votivation and its designees shall have the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Votivation and its designees shall have the right to remove any Content that violates the TOS or is otherwise in the sole opinion of Votivation objectionable. You acknowledge that you may not rely on any Content created by or submitted to the Service. Votivation shall do its best to filter content for obscene words, yet by using the Service, you acknowledge and accept that you may be exposed to Content that you find offensive, indecent or objectionable.
You acknowledge and agree that Votivation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce the TOS;
- Respond to claims that any Content violates the rights of third-parties; or
- Protect the rights, property, or personal safety of Votivation, Service Users and/or the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that if you make any arrangements with another party found on or via the Service it is at your sole risk and responsibility.
From time to time either directly or through agents we may submit to the Service public domain content for the purposes of review, criticism and interaction by our Members/users. In making copies of such content as an intermediate step toward our Members/users interacting with such works we seek to achieve wider understanding of key issues primarily for the socially beneficial purposes of research and education. Courts and other judicial authorities such as Parliaments/Congress etc. have historically recognized a) these uses as "fair" because they are transformative in nature and lead to further creativity and learning in the public interest and b) such processes as a necessary step to achieving a legitimate public purpose.
In doing so, we and our agents aim to accurately represent the opinions of public figures such as celebrities, politicians, corporations or other institutions and individuals (identified in the service as "Guest" profiles/members) and to avoid copyright infringement. Should you believe we have failed in this aim please email us at violation @ votivation.com. Some images may be fakes.
Certain content on this site is used under a Creative Commons Attribution 3.0 License. Details are available at http://creativecommons.org/licenses/by/3.0/.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all applicable laws in the country in which you reside regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of content or other technical or usage data exported from any country in which you reside or not.
9. PUBLIC CONTENT POSTED TO THE SERVICE
a. For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, publicly accessible areas of the Service include the whole site apart from your member profile and account management area, which remains private. You might want to be cautious in deciding what information you want displayed publicly.
b. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service you grant Votivation the world-wide, perpetual, irrevocable, royalty free and non-exclusive licence to reproduce, modify, adapt, aggregate and publish such Content. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
10.1 From time to time Votivation will credit your Member Account with .credits.. Each .credit. has a nominal value in the currency appropriate to your country of origin. Note that the following country/currency relationships hold for the purposes of accounting and presenting Votivation cash account and other balances: UK-domiciled member - £; European Union-domiciled member . Euro; all other countries - $US.
10.2 Subject to the remaining provisions of this paragraph 10, when your Votivation Member Account .credits. reaches £/$US/Euro 25, as appropriate to your country of origin (or such amount as Votivation shall decide at its absolute discretion) or such multiples thereof you shall be entitled to request payment of the amount in your member account ("Payment Request"). At the time of payment, .credits. will be converted to the appropriate monetary value.
10.3 You may only receive a cash claim payment if you have: a) requested a cash claim/payment using the Service; b) selected a charity/non-profit with whom to share this revenue and the percentage of your claim you wish to share with your selection; and c) submitted your mobile phone number.
10.4 You may make any Payment Request via your member account area, on receipt of which Votivation shall as soon as reasonably practicable contact you by e-mail and/or text message requesting confirmation of your mailing address.
10.5 For UK users, Votivation shall send a cheque made payable to your First Name, Last Name as submitted upon registration to the last address held on our records AT YOUR RISK, provided Votivation has received all monies relating to revenue shares comprising all or any part of your Payment/account entitlement.
10.6 For non-UK users payment via Paypal is preferred. Users/You bear the transaction cost of payment methods.
10.7 Cash bonuses awarded for either joining the service or upgrading must be held in a member's account for a minimum period of 3 months before payment of these amounts can be made.
10.8 Cash payments/claims will be processed and paid on a calendar quarterly basis.
11. PRIZES
11.1 From time to time Votivation may run free random prize draws on the Services. These will be set out at http://www.votivation.com/prizes.php. The principal rules that shall apply to all random prize draws operated via the Service are set out below. In addition to these rules Votivation may impose special additional terms and conditions relevant to individual prize draws and these will be highlighted at the time via a link to the relevant prize draw.
a) Unless otherwise stated all prize draws are open to UK residents aged 18 or over. Non-UK residents may also participate where and when it is lawful for them and Votivation to do this. By entering a Votivation prize draw a Non-UK user indemnifies Votivation against any claim relating to the legality of such a service.
b) Only one batch of entries per person per prize draw will be accepted in any one calendar month unless otherwise stated. Each entry within the batch of entries per person shall arise from the conversion of Votivation points accrued during the month at the rate of 1 entry = 100 Votivation points.
c) Any persons connected with Votivation Limited, its key suppliers or any of the prize draw sponsors are ineligible to participate in the random prize draws. Votivation shall have the absolute right in determining eligibility.
d) Winning entries and their owners will be selected and identified at random within five working days of the end of the relevant calendar month. Winners will normally be notified by announcements via the Service and specifically at www.votivation.com/prizes.php?winners=1 within 1 month of the end of the relevant calendar month, except where otherwise stated in the individual prize draw special terms and conditions.
e) Cash winnings will normally be added directly to your Votivation member account as .credits.and payment made in line with these terms and conditions (see section 10. CASH PAYMENTS above).
f) Offline entry winners will be asked to confirm their postal address before winnings/prizes are dispatched. Winners of major prizes may be required to supply a photograph for publication and/or take part in further promotional activities. If you do not wish for your name to be included on various "Winners pages" or otherwise at Votivation.com or do not intend to supply photographs for publication and/or take part in further promotional activities, do not enter the random prize draws.
g) All prizes are subject to availability and should any prize be unavailable, a prize of similar price or specification will be substituted.
h) Votivation is registered in accordance with the Data Protection Act 1998 (reg. no.: Z674273X) and practices 100% opt-in permission marketing (please also see our Privacy Policy)
i) Prizes are as stated but in some circumstances a cash equivalent will be offered where stated in the individual prize draw special terms and conditions.
j). For Free Entry to Random Prize Draws without registering with Votivation please write to:- Random Prize Draw Competition Entry, Votivation, Votivation Limited, Unit 109, Langdale House, 11 Marshalsea Road, London SE1 1EN, UK), stating the competition you wish to enter. Requests by letter must be received before the month end/closing date of the competitions you wish to enter.
11.2 Other prize award structures and rules are set out on http://www.votivation.com/prizes.php?info=1
11.3 In respect of non-Random Prize Draw prizes Votivation may select prizewinners at random or on any other basis, to help spread Votivation's cash benefits more broadly across participants and/or to reward member activity.
11.4 In any dispute regarding prizes and prizewinners the decision of Votivation will be binding and final.
12. CHARGES AND PAYMENT FEES
Certain features of the Service require payment using .credits.. .credits. may be purchased and are maintained in your Campaign Account. All purchases of .credits. are non-refundable. Votivation reserves the right to modify its fees and charges and to introduce new charges at any time, which notice may be provided by e-mail. Each .credit. has a nominal value in the currency appropriate to your country of origin. Note that the following country/currency relationships hold for the purposes of accounting and presenting Votivation cash account and other balances: UK-domiciled member - £; European Union-domiciled member . Euro; all other countries - $US.
13. SHARE RIGHTS
Whilst you remain a registered member of the Service, you will have the ability to earn units ("Units") in respect of the cash prizes, revenue shares and other cash rewards available at the Service. These rewards are provided in respect of registration, continued usage of the Service, prize competitions, member Service activity or participation in services and offers from Votivation and other companies.
Upon achievement of specific retained revenue targets for Votivation from the Service overall as specified by Votivation and in accordance with English law and all other appropriate legislation Votivation will make available to you and other Service members an overall set number of shares in Votivation Limited.
You will need to accrue a set number of Units before they qualify for redemption, which will be set at the absolute discretion of Votivation. Votivation will announce to you by email and via the Service when the units qualify for redemption ("Notice of Redemption") enabling you to convert units and subscribe for a set number of shares in Votivation Limited. The Notice of Redemption will ask you to confirm that you wish your Units to be redeemed and to confirm your name, email and postal address. If you fail to do so within 14 days, you will not be able to redeem your Units. Votivation will continue to maintain a record of the Units which have been allocated to you for a period of 1 year. If Votivation does not receive any further communication from you in respect of those Units during this period, Votivation may (at its absolute discretion) withdraw your allocation of Units.
The Notice of Redemption will specify the number of shares you will be entitled to subscribe for. Any shares in Votivation Limited which are issued and allotted to you pursuant to a redemption will not be transferable and will have no voting rights attached to them. The Notice of Redemption will set out details of the class and percentage number of shares the subject of the redemption as to the current issued share capital of Votivation Limited. If on redemption 15% or more of the issued share capital of Votivation Limited is issued to you and other Service members through the processes set out herein then provided you have redeemed units you and other such members shall have the right to vote for and appoint a director to the board of Votivation Limited using the Service or other appropriate process approved by Votivation.
Any redemptions shall be made in accordance with English law and all other appropriate legislation.
You will only qualify for the Units if you are over 18 years old and live in the United Kingdom or are a company registered in the UK and are able under English law, or any other applicable law, to own shares. Currently non-UK residents will not qualify for shares under these TOS. However it is our intention to build a highly effective, sustainable and mutually beneficial social community without boundaries through the evolution of democratic and social network processes. As such we will continue to seek ways in which this or similar benefits can be offered to non-UK members without infringing upon the laws of relevant jurisdictions. If you have any ideas on this or wish to help in this regard please email us at shares @ votivation.com .
If you register more than once with the Service other than by agreement and through specific processes designed by us or give false Registration Data, Profile Data or Opinion Data we may cancel your use of the Service and withdraw or cancel any subscription or redemption offer to you. Any offer may specify a professional nominee company appointed by Votivation which will hold the shares on your behalf and maintain the Votivation Limited share register under their terms and conditions.
Votivation's decision on the allocation, apportionment and distribution of any shares shall be final. Votivation may change the terms upon which it announces or makes an offer for redemption or subsequently allocate shares and it reserves the right to discontinue any offer for redemption at any time without prior written notice. The Service is owned and operated by Votivation Limited a company registered in England and Wales (under company number 3225589) and having its office at Unit 109, Langdale House, 11 Marshalsea Road, London SE1 1EN. If you have any queries, please contact admin @ votivation.com.
The Service and Content, and any information that you receive through the Service, does not constitute professional advice of any sort. Any action taken by you as a result of your use of the Service and Content is entirely your responsibility. Accordingly, we exclude all liability arising from your use of the Service and Content.
You agree to indemnify and hold Votivation, and its subsidiaries, officers, agents, co-branders or other partners, employees and other Service Users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You agree that if you reproduce duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, you will state the source of that portion of the Service as being: "Source: Votivation.com" and will also quote the URL http://www.votivation.com alongside that portion of the Service.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
Votivation has established general practices and limits concerning use of the Service. You acknowledge that Votivation can establish further general practices and limits concerning use of the Service from time to time without limitation. Votivation reserves the right to manipulate all Content that is submitted through the Service. Said manipulation could involve using the data to rank members according to a given variable.
You agree that Votivation has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Votivation reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Votivation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Votivation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Votivation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Votivation, in its sole discretion, may terminate your password, account, profile and opinions (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Votivation believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Votivation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Votivation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Votivation shall not be liable to you or any third-party for any termination of your access to the Service.
If your use of the Service is terminated by us and/or you terminate the Service with less than £/$US/. 25 .credits.(as appropriate to your domicile) in your member account balance, you hereby agree to and will forthwith relinquish any claims you may have to such monies and Votivation will pass such monies (less any FREE account initial or upgrade offers made by Votivation if such element comprises part of your member account balance) to a UK registered charity or charities selected by it or the Service members.
If your use of the Service is terminated by us and/or you terminate the Service with £/$US/. 25 .credits. (as appropriate to your domicile) or more in your member account balance we will pay you your full member account balance in closing your account in line with paragraph 10. of these TOS.
Votivation may terminate a Free or Trial account at any time in its sole discretion.
Upon termination of your Service you will no longer be eligible to receive or take up any offers (whether existing or otherwise and including any offers made pursuant to paragraph 12. of these TOS) relating to your accrued revenue shares and cash prizes as set out in your member account balance to the date of your Service termination. You will of course be welcome to join the Service again at any time and build up new accrued revenue shares and cash prizes subject to these TOS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Votivation shall not be responsible/liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service and its members may provide, or Users of other third parties may provide, links to other World Wide Web sites or resources. Because Votivation has no control over such sites and resources, you acknowledge and agree that Votivation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Votivation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
21. Votivation's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Votivation or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Votivation grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Service (the "Software") on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Votivation for use in accessing the Service.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
i. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Votivation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
ii. Votivation MAKES NO WARRANTY THAT
a. THE SERVICE WILL MEET YOUR REQUIREMENTS,
b. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE,
d. THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND
e. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCLUDING DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Votivation OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Votivation SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Votivation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OF OR THE INABILITY TO
USE THE SERVICE;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
c. UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
e. ANY OTHER MATTER RELATING TO THE SERVICE.
24. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU. ANY SUCH EXCLUSION OR LIMITATION NOT SO ALLOWED DOES NOT OTHERWISE AFFECT THE APPLICATION OF ANY OTHER WARRANTY, LIMITATION OF EXCLUSION THEREOF SPECIFIED IN THE TOS.
25. NOTICE and CHANGES TO THESE TOS
Provided that we give you at least 1 week.s notice by posting notice of any changes to these TOS at Votivation.com, we may change the Service or these TOS if Votivation consider it necessary to do so in order to:
1. make them easier to understand
or fairer to you
2. reflect changes in the law, codes of practice, or the way we are regulated
3. reflect a decision or recommendation made by a court or regulatory body
4. reflect changes in market conditions
5. correct mistakes
6. reflect changes in technology
7. reflect changes in our company structure
8. make any changes which are for your benefit
9. facilitate administrative or operational changes
10. provide for any right to obtain shares in Votivation that you receive on
conversion of your member account balances.
If you use the Service after we have notified you of changes to these TOS, you will be doing so subject to the new TOS. You should therefore ensure that you read any amended TOS.
If you do not want to accept any new TOS you may immediately cease to use the Service, in which case we may withdraw your right to receive any offer to subscribe for shares in Votivation as set out in paragraph 12 of these TOS. Please also see paragraph 17. for further details on termination of the Service.
Otherwise notices to you shall be made via e-mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally or specifically on the Service.
Votivation, the Votivation logo, MyVal, the MyVal logo, Vote-4-Me, the words and phrase 'the market for world opinion' and other Votivation and Votivation logos and product and service names (the "Votivation marks") are trademarks of Votivation. Without Votivation's prior written permission, you agree not to display or use in any manner, the Votivation marks.
As a User of the Service you agree to grant to Votivation a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-license, to reproduce, distribute, transmit, aggregate, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Service (including and not limited to Profiles and Opinions) or by e-mail to the Service by all means and in any media now known or hereafter developed. You also grant to Votivation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Votivation for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Service.
The contents of the Service, including but not limited to text, software, photographs, graphics, illustrations, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United Kingdom and elsewhere. The Material includes both content owned or controlled by Votivation and content owned or controlled by third parties and licensed to Votivation.
The TOS constitute the entire agreement between you and Votivation and govern your use of the Service, superseding any prior agreements between you and Votivation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Votivation shall be governed by English law. You and Votivation agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of Votivation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No joint venture, partnership, employment, or agency relationship exists between You and Votivation as a result of this agreement or use of the Service or Content. The failure of Votivation to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Votivation in writing.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of our content policies as set out within paragraphs 7. and 8. or any other aspect you believe to be in contravention of the TOS to violation @ votivation.com.
30. INTELLECTUAL PROPERTY OWNERSHIP
Votivation alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Votivation Technology and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Votivation Technology or the Intellectual Property Rights owned by Votivation.
Votivation's services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Votivation is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Additional Votivation Services
Votivation BeSpeak License Agreement
VOTIVATION TERMS OF USE:
By clicking on the .I Accept. button displayed as part of the on-line ordering process or by accessing the Service via a Votivation account set up by you (the .Customer.) or set up Us ( Votivation, .Us., .We.) on your instruction, you agree to the following terms and conditions (the .Agreement.) governing your use of the Votivation BeSpeak online service including off-line components (collectively the .Service.) and data and analysis delivered by the Service (the .Data.). This agreement incorporates the .Votivation Terms of Service. to which you agree and which may be viewed at http://www.votivation.com/tos.php.
INTRODUCTION
The Service is offered in several editions
- Free Edition (no license required)
- Lite edition
- Standard edition
- Gold edition.
White labeled editions are also available under a consultative service with additional or different TOS notified at the time.
Please see our website for feature differences between the various editions. Votivation may not make all editions available to all geographical markets and reserves this right exclusively. From time to time Votivation may offer trial periods of the Service.
1. Privacy & Security
Votivation's privacy and security policies may be viewed at http://www.votivation.com/privacy.php.
2. Licence Grant and Restrictions
Votivation hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service and Data, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Votivation and its licensors. You may not access the Service or Data if you are a direct competitor of Votivation, except with Votivation's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Data or the Content in any way; (ii) modify or make derivative works based upon the Service, Data or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Data or Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licences are granted on a .one per Brand. basis and cannot be shared or used by more than one Brand but may be shared by Users or reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Data only for your internal business purposes.
3. Your Responsibilities
You shall: (i) report to Votivation immediately and use reasonable efforts to stop immediately any copying or distribution of Content or Data that is known or suspected by you or your Users;.
4. Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually in advance unless otherwise mutually agreed upon. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all licences ordered for the entire License Term, whether or not such licenses are actively used. You must provide Votivation with valid credit card or approved purchase order information as a condition to signing up for the Service. Service charges become payable completion of any trial offer period. When changing from BeSpeak edition to another (up or down-grading) or in the case of purchasing additional editions or White label services, any remaining amounts paid or unused are non-refundable. Votivation reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
5. Billing and Renewal
Votivation charges and collects in advance for use of the Service and Data. Votivation will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary or as otherwise mutually agreed upon unless you give 30 days notice to cancel your subscription. The renewal charge will be in accordance with the fees, charges, and billing terms in effect at the time of the prior year subscription plus any add-on licences, unless Votivation has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Votivation's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide Votivation with complete and accurate billing and contact information. This information includes your legal company name, registration number, country of registration, street address, e-mail address, and name and telephone number of an authorised billing contact and Licence Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Votivation reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless Votivation in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United Kingdom will be billed in British Pounds and subject to our UK payment terms and pricing schemes ("UK Customers") (ii) entities with headquarters and a majority of users resident in the United States will be billed in US dollars and subject to our US payment terms and pricing schemes ("US Customers"); and (iii) all other entities will be billed in British Pounds, Euros or local currency and be subject to our payment terms and pricing schemes at the discretion of Votivation ("Other Customers"). If you believe your bill is incorrect, you must contact us in writing within 14 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
6. Non-Payment and Suspension
In addition to any other rights granted to Votivation herein, Votivation reserves the right to suspend or terminate this Agreement and your access to the Service and Data if your account falls into arrears. Arrears invoices (accounts more than 30 days in arrears) are subject to interest of 10% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or Votivation initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Votivation may charge such unpaid fees to your credit card or otherwise invoice you for such unpaid fees and that you will pay such fees.
7. Termination upon Expiration/Reduction in Number of Licences
This Agreement commences on the Effective Date. For all editions except the Free Edition, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service and Data by completing the online subscription form, or on the start date of the Order Form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at Votivation's then current fees, provided that Votivation has notified you of any increase in fees 30 days prior to renewal.. Either party may terminate this Agreement or reduce the number of licences, effective only upon the expiration of the then current Licence Term, by notifying the other party in writing at least 30 business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service or via electronic mail to your e-mail address indicating the remaining number of days in the free trial shall constitute notice of termination.
8. Assignment and Change in ControlThis Agreement may not be assigned by you without the prior written approval of Votivation but may be assigned without your consent by Votivation to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Votivation directly or indirectly owning or controlling 50% or more of you shall entitle Votivation to terminate this Agreement for cause immediately upon written notice.
9. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Centre, and any materials available on the Votivation website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Votivation from time to time in its sole discretion;
.Brand. means the descriptive verbal attributes and concrete symbols such as a name, logo, slogan, and design scheme that convey the essence of a company, product or service.
"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;
"Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service;
"Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the commencement date indicated on the Order Form or the date you begin using the Service;
"Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process (e.g., if the billing frequency is quarterly, the Initial Term is the first quarter);
"Licence Administrator(s)" means those Users designated by you who are authorised to purchase licences online using the Online Order Centre or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service;
"Licence Term(s)" means the period(s) during which you are licensed to use the Service pursuant to the Order Form(s);
"Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licences and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);
"Votivation" means Votivation Limited (Registered in England & Wales: 3225589), a limited liability company;
"Votivation Technology" means all of Votivation's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material, data, analysis or information) made available to you by Votivation in providing the Service;
"Service(s)" means the specific edition of Votivation's online web monitoring, web tracking, data analysis, or other services identified during the ordering process, developed, operated, and maintained by Votivation, accessible via http://www.votivation.net or another designated web site or IP address, or ancillary online or offline products and services provided to you by Votivation, to which you are being granted access under this Agreement, including the Votivation Technology and the Content;
"User(s)" means your employees, representatives, consultants, contractors or agents who are authorised to use the Service and have been supplied user identifications and passwords by you (or by Votivation at your request);
"Data" means the data, analysis, research and statistics delivered via the Service.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@votivation.com.
Votivation is a trading name and registered trademark of: Votivation Limited (Registered in England & Wales: 3225589, Unit 109, Langdale House, 11 Marshalsea Road, London, SE1 1EN, United Kingdom.
Tel: +44 (0)8450 564448 | Fax: +44 (0)8450 564448 | Email: info@votivation.com