Terms of Service
The Votebox online voting system ("VOTEBOX") consists of all public and restricted websites and software found at www.votebox.co VOTEBOX is owned and operated by Votebox Inc.
This Terms of Service Agreement ("Agreement") governs your use of VOTEBOX. By using and/or accessing VOTEBOX, you are agreeing to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you are prohibited from using and/or accessing VOTEBOX.
Votebox Inc. may revise this Agreement at any time without notice, and such revisions will be effective upon being posted on www.votebox.co. By using and/or accessing VOTEBOX you are agreeing to be bound by the then current version of this Agreement. It is important that you review this Agreement regularly to ensure that you are aware of any changes.
(a) to comply with any local laws, rules or regulations;
(b) to comply with any legal process;
(c) to enforce this Agreement; and
(d) to respond to claims that such data violates the rights of third parties.
You acknowledge and agree that Votebox may access any content, data statistics and other tools of VOTEBOX as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information may be required in the ordinary course of business.
You acknowledge and agree that Votebox is not responsible or liable for the content, usage, information and data collected from any forms created using VOTEBOX.
LIMITATION OF LIABILITY
Except as expressly set forth herein, Votebox will not be liable for any damages incurred in connection with the use of VOTEBOX. This includes any direct, indirect, consequential or incidental damages that may arise from the use of VOTEBOX, the failure of VOTEBOX, or the termination of the access to VOTEBOX. This limitation of liability will also apply to any loss of data, information or content through failure of VOTEBOX or interruption of transmission. Votebox will not be liable for any harm or loss arising from unauthorized access to data, information or transmission, including, but not limited to tangible or intangible loss of revenues, profits, data or information.
Except as expressly set forth herein, you agree that Votebox is not liable for any damages arising from the interruption, cancellation or suspension of VOTEBOX, regardless of whether the failure of VOTEBOX is announced, justified, or negligent.
Except as expressly set forth herein, Votebox provides VOTEBOX "as is" and without warranties of any kind, express or implied, to the fullest extent allowed by law. Votebox further disclaims all other warranties, including the implied warranties of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Votebox does not warrant uninterrupted or error free functions contained in VOTEBOX or that VOTEBOX or its servers are free of viruses or other harmful components.
You understand and represent that all data, information or other material collected through VOTEBOX is your sole responsibility. Votebox is not responsible for any loss of data or harm done to your computer(s), systems or other equipment in conjunction with use of VOTEBOX. You understand and agree that use of VOTEBOX is done at your own risk and discretion.
NO RESALE OF THE SERVICE
Your right to use VOTEBOX is granted to you on a non-exclusive basis and you may not resell all or any portion of VOTEBOX or its usage. You agree not to reproduce, duplicate, copy, sell, or resell VOTEBOX, reports, files or data, or your use of or access to VOTEBOX to any unregistered or unauthorized persons. Known or suspected violations will be grounds for immediate termination of your use and access to VOTEBOX, files and accumulated stored data, and, depending upon the circumstance, may be grounds for Votebox legal recourse.
You understand and agree that all data collected using VOTEBOX will be stored on Votebox and cloud servers. Votebox assumes no responsibility for your deletion of, or your failure to store any data or other information on VOTEBOX.
You agree to abide by all Votebox standards and applicable local, state, national and international laws and regulations in your use of VOTEBOX, and you agree not to interfere with the use and enjoyment of VOTEBOX by other users. You agree to be solely responsible for the actions and the contents of entries through VOTEBOX.
(1) not to use VOTEBOX for illegal purposes;
(2) not to use VOTEBOX for chain letters, junk mail, unlawful "spamming" solicitations (commercial or otherwise) or unlawful bulk communications of any kind, and
(3) to comply with all regulations, policies and procedures of networks connected to VOTEBOX. You agree not to post, promote or transmit through VOTEBOX any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Votebox may, at its sole discretion, immediately terminate your access to VOTEBOX should your conduct fail to conform to this Agreement.
PROPRIETARY RIGHTS TO VOTEBOX
You are only permitted to use VOTEBOX as expressly authorized by Votebox, and may not copy, reproduce, distribute, analyze, compare, demonstrate, reverse engineer, screen capture, print screen pages for purposes of distribution, or create derivative works from VOTEBOX without express authorization from Votebox.
WEBSITES OR EMAIL UTILIZING VOTEBOX
Votebox does not review or monitor any user websites or email messages that utilize or link to VOTEBOX and is not responsible for the content of any such websites or email messages.
VOTEBOX passwords are issued to each user that successfully registers for an account. You are responsible for keeping your passwords secure. Do not share your passwords with another person. Votebox will not be responsible for data loss resulting from misuse of VOTEBOX passwords.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of VOTEBOX. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In order to maintain system integrity you may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
VOTEBOX may contain robot exclusion headers, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy VOTEBOX or the content contained therein without prior written permission of Votebox. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of VOTEBOX.
100% AVAILABILITY GUARANTEE
Votebox endeavours to provide the most reliable infrastructure possible for VOTEBOX. If you are in good financial standing with Votebox, Votebox guarantees that VOTEBOX is available 100% of the time in a given month, excluding special planned maintenance. Available is defined as the ability for voters and election administrators to access the functionality of VOTEBOX as intended. Special planned maintenance is defined as a finite period of unavailability where the customer has been notified by email at least one week in advance. Unavailability is measured from the moment you notify a VOTEBOX support representative of unavailability to the time availability is restored. Notification of unavailability must occur at the time of the outage and not after the fact. We will credit your account 5% of your election fee for each 30 minutes of unavailability, up to 100% of your subscription fee. Subscription fee is defined as your Annual Plan fee or most recent Single ballot fee, whichever applies. Credits shall not be provided to you if unavailability is the result of: a) special maintenance b) circumstances beyond Votebox's reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government, acts of god or c) your breach of this Agreement.
You agree to allow Votebox to refer to your use of VOTEBOX on its websites, in its press releases, and/or other promotional media, and make use of your logo for such purpose.
Votebox maintains a strict no-refund policy on VOTEBOX fees.
This Agreement constitutes the final agreement between you and Votebox. It is the complete and exclusive expression of your agreement on the matters contained herein. There are no conditions precedent to the effectiveness of this Agreement, other than those expressly stated in this Agreement.
You agree that this Agreement be governed by the laws of the sate of Delaware, and shall be deemed to have been entered into the United States. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction.
Votebox's failure to exercise or enforce any right granted in this Agreement shall not constitute a waiver of such right.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nonetheless agree that such court should endeavour to give full effect to the parties' intentions as reflected in such provision, and you agree that other provisions of the Agreement remain in full effect.
You agree that any claim, cause or action related to VOTEBOX or this Agreement must be filed within one (1) year after such claim arose.
The headings employed to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.
The parties to the present Agreement agree that same be drawn up in the English language.