- AGREEMENT By using this Application or installing any part of it on customer’s mobile device, customer expressly accepts and consents to be bound by all of the terms and conditions of this Agreement. Please review this Agreement and accept them prior to usage.
- SOFTWARE APPLICATON
- Definition of terms. The term “Application” shall mean the self-contained software and program provided by Votify, LLC (“Votify”), and shall include any and all updates or and all related software and documentation, which allows users to create photographic comparison and enable users to vote, share, like, and/or otherwise provide comments on one or more photographs in the sequence, whether such software be accessed from Votify’s website located at VotifyApp.com or on a mobile device.
- Service Updates. In connection with the mobile Application provided under these Terms and Conditions, Votify may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. Customer agrees that Votify may automatically deliver such updates to customer as part of customer service and customer shall receive and install them as required.
- OUR SERVICE PROVIDER Customer acknowledges that the terms of any agreement with customer respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. Consequently, customer may be charged by customer’s mobile provider, or any applicable third parties, for access to their network service’s while customers are accessing the Application. Customer accepts said responsibility for provider charges.
- GENERAL RELEASE Customer acknowledges and agrees that in no event shall Votify be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of customer use of or inability to use the Application or the Services, even if Votify has been advised of the possibility of such damages. Customer further acknowledges and agrees that Votify shall not liable to customer for any damage or alteration to customer’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of this Application.
- Customer unconditionally agrees to defend, indemnify and hold harmless Votify, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) customer, or customer employee’s, agent’s, or a third party’s use of the Application or Services under these Terms and Conditions, (ii) any violation of law by customer, customer employees, or agents, or (iii) any Infringing Material that customer provide to Votify. This obligation shall survive the termination or expiration of these Agreement and/or customer use of the Services.
- THE LAW OF DIGITAL MILLENNIUM COPYRIGHT ACT. Votify respects the intellectual property rights of others and asks its valuable customers to do the same. If customer believes that customer copyright, trademark or other property rights may have been infringed by another user’s use of the Application, customer should send notification to Votify’s Designated Agent immediately. To be protected customer must perform one of the following:
- Identify customer by e-mail address.
- Identify in sufficient detail the copyrighted work that customer believes has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that customer claims is infringing the copyrighted work.
- Provide information reasonably sufficient to permit us to contact customer.
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content.
- Must include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Must include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Michael Shariff, Esq.
Address: 3363 NE 163rd St., Suite 708B, North Miami Beach FL 33160
Customer understands and agrees that upon receipt of a notice of a claim of copyright infringement, Votify may immediately remove the identified materials from the Application without liability to customer or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- PROHIBITIONS AND RESTRICTIONS Customer use of the Application is subject to all applicable laws and regulations, and customers are solely responsible for customer personal use of the Application. The following uses of the Application are expressly prohibited:
- Any use of the Application which in our sole discretion, degrades the reliability, speed, or operation of the Application or any underlying hardware or software thereof;
- Any use of the Application which is unlawful or in violation of these Terms and Conditions;
- Any use of automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of Votify’s websites;
- Any use of customer account to breach security of another account or attempt to gain unauthorized access to any portion of the Application to which customer do not have access;
- Any interference with anyone else’s use and enjoyment of the Application;
- Uploading any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Uploading any content that customer don’t have the right to transmit under law (such as Infringing Material, including without limitation, copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Uploading any content that contains any form of commercial advertising or any other form of SPAM; and
- Uploading any proprietary or confidential information of customer own or others.
- SERVICE TERMINATION Customer agrees that Votify may, in its sole discretion, terminate or suspend customer access to all or part of the Application or the Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating customer relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, customer right to use the Services immediately ceases, and customer acknowledge and agree that Votify may immediately deactivate or delete customer account and all related information and files in customer account and/or bar any further access to such files or this Application. Votify shall not be liable to customer or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
- PROTECTION OF PRIVATE PROPERTY
- Proprietary Rights Defined. Customer hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application together with the underlying software code are owned either directly by Votify and/or its licensors. Customer further agrees that the Application contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
- Permission to Use . Votify hereby grants customer a non-exclusive, royalty-free, revocable license to use the Application for customer personal use in accordance with these Terms and Conditions; provided, however, that customer do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Application.
- Prohibition of Infringement. Customer hereby represent and warrant that customer will not provide, deliver, or upload to Votify, using the Application or otherwise, any data, image, file, document, or other content that infringes on the intellectual property rights of a third party (“Infringing Material). Any drawings, images, photos, patterns, or designs (“Content”) that customer upload to Votify through the Application must be customer original works, public domain works, or customer shall have obtained a license to use such work(s). Customer are solely responsible for customer own Content and the consequences of submitting and publishing customer Content on Votify. Customer affirm, represent, and warrant that customer own or have the necessary licenses, rights, consents, and permissions to publish Content customer submit and for Votify to display customer Content through the Service; and customer license to Votify all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Application pursuant to these Terms and Conditions.
- Customers Content; License to Votify. Customer retains all of customer ownership rights in customer Content. However, by submitting Content to Votify, customer hereby grant Votify a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Votify’s (and its successors’ and affiliates’) business, including without limitation in connection with the promotion of the Service through any medium Votify chooses. Customer also hereby grant each user of the Service a non-exclusive license to access customer Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms and Conditions. Customer understand and agree, that Votify may retain, but not display, distribute, or perform, server copies of customer Content that have been removed or deleted by customer from the Service.
- Prohibition of endorsement Votify does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Votify expressly disclaims any and all liability in connection with Content. Votify does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Votify will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Votify reserves the right to remove Content without prior notice.
- SERVICE INTERRUPTION Customer acknowledges and agrees that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which Votify may undertake from time to time, service malfunctions and causes beyond the reasonable control of Votify or which are not reasonably foreseeable by Votify, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to customer hardware, Internet service provider, hostile network attacks, network congestion or other failures.
- DISCLAMER THE SERVICES AND APPLICATION ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. Votify DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. Votify DOES NOT WARRANT THAT THE SERVICES WILL ACCOMPLISH ANY OF CUSTOMERR SPECIFIC OBJECTIVES OR WILL OPERATE ERROR FREE. CUSTOMER ACKNOWLEDGE AND AGREE THAT CUSTOMER HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. CUSTOMER FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, CUSTOMER WILL NOT HOLD Votify LIABLE FOR ANY FAILURE OF THE APPLICATION OR SERVICES. CUSTOMER AGREE THAT Votify SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY DAMAGES CAUSED BY DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION CUSTOMERR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING THE TERM OF THIS AGREEMENT THAT CANNOT BE PREVENTED OR MITIGATED BY Votify.
- SERVICE PROVISIONS
- Security and Password: Customer are solely responsible for maintaining the confidentiality of customer password and account and for any and all statements made and acts or omissions that occur through the use of customer password and account. Therefore, customer must take steps to ensure that others do not gain access to customer password and account. Customer may not transfer or share customer account with anyone, and Votify reserves the right to immediately terminate customer account if customer do transfer or share customer account.
- Entire Agreement; Amendment. This Agreement constitute the entire agreement between customer and Votify with respect to the subject matter hereof, and replace, amend and supersede any prior agreements between customer and Votify pertaining to the subject matter hereof.
- LEGAL VENUE. This Agreement shall be governed and construed under the laws of the State of Florida without regard to conflict of laws.
- Waiver/Severability. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of this Agreement determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of this Agreement shall remain enforceable.
- Force Majeure. If the performance of any part of this Agreement is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without its fault or negligence, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.