Your Consent to These Terms
B. You represent that you are legally and factually competent to enter into and comply with these Terms. To use the Vototo Website, you must be an adult of at least 18 years of age or a minor of at least of 13 years of age who is either emancipated or in possession of appropriate parental or guardian consent. Do not use the Vototo Website, if you are under 13 years of age.
C. Although Vototo Corporation may attempt to notify you when changes are proposed or made to these Terms, you are responsible for periodically reviewing the most up-to-date version. Vototo Corporation may, in its sole discretion, modify these Terms or other Vototo Corporation’s policies at any time, and you agree to be bound by such modifications. No third-party rights or benefits are conferred via these Terms.
Users and Third Parties
A. These Terms apply to all users of the Vototo Website, including, e.g., users who are also account holders, contributors of Content, and/or visitors the Vototo Website.
B. The Vototo Website may contain links to third-party websites that are not owned or controlled by Vototo Corporation. Vototo Corporation has no control over and assumes no responsibility for any third-party websites or actions. By using the Vototo Website, you expressly hold harmless Vototo Corporation from any and all liability arising from your use of any third-party website.
A. To access some features of the Vototo Website, e.g., those relating to voting and Totocash, you will have to create a Vototo account. You agree not to create or use more than one account per person or legal entity. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account, and you must keep your account secure and updated. You agree to use no one’s account but your own. You must notify Vototo Corporation upon discovery of any breach of security or unauthorized use of your account.
B. Although Vototo Corporation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vototo Corporation or others due to such unauthorized use.
General User Responsibilities
A. You agree to comply with the terms and conditions of these Terms, Vototo Rules, and all applicable local, national, and international laws and regulations. BECAUSE ECONOMIC DAMAGES FOR VIOLATIONS OF THESE TERMS MAY BE DIFFICULT TO ASSESS, YOU AGREE THAT YOUR VIOLATION OF THESE TERMS MAY SUBJECT YOU TO LIQUIDATED DAMAGES OF AT LEAST $1000 PLUS ANY COSTS INCURRED BY VOTOTO CORPORATION TO RECOVER SUCH DAMAGES. SUCH RECOVERY COSTS INCLUDE, BUT ARE NOT LIMITED TO, COLLECTION AGENCY FEES, ATTORNEY FEES AND COURT COSTS.
B. The content on the Vototo Website, except all User Submissions, e.g., the text, software, scripts, graphics, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by, licensed to, or otherwise entitled for use under the operation of law by Vototo Corporation, subject to copyright and additional legal provisions. Content on the Vototo Website is provided to you AS IS for your information and personal use only.
C. You agree not to use or launch any automated system, e.g., "robots" or "spiders," that accesses the Vototo Website in a manner that sends more request messages to any Vototo server in a given period of time than a human can reasonably produce in the same period by using an ordinary online web browser. You also agree not to cache or archive materials appearing on the Vototo Website. Permission to operators of public search engines to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials is revocable by Vototo Corporation at any time.
D. You agree not to circumvent, disable or otherwise interfere with any security-related, use-restriction, and/or copy-protection features of the Vototo Website.
E. You may access the Vototo Website for only your information and personal use, as intended through the normal functionality of the Vototo Website and as otherwise expressly permitted under this Agreement.
F. When using the Vototo Website, you will be exposed to User Submissions from a variety of sources. Vototo Corporation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vototo Corporation with respect thereto, and agree to indemnify and hold Vototo Corporation, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. Vototo Corporation reserves all rights not expressly granted in and to the Vototo Content and the Vototo Service and reserves the right to discontinue any aspect of the Vototo Website at any time.
User Submissions, Conduct and Privacy
A. You may submit content ("User Submissions") such as text-based entries, proposed revisions, and votes. You understand that regardless whether such User Submissions are published and/or voted on, Vototo Corporation may choose to maintain but does not guarantee confidentiality with respect to such User Submissions. For example, while Vototo Corporation has no intention of intruding on any user's privacy, Vototo Corporation may share information pertaining to User Submissions if Vototo Corporation has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (i) satisfy any applicable law, regulation, legal process or enforceable governmental request; (ii) enforce these Terms or Vototo Rules, including investigation of potential violations thereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; or (iv) protect against harm to the rights, property or safety of Vototo Corporation, its users or the public as required or permitted by law.
B. You shall be responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vototo Corporation to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Vototo Website and these Terms.
C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Vototo Website, you hereby grant Vototo Corporation an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Vototo Website and Vototo Corporation's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Vototo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Vototo Website a non-exclusive license to access and modify your User Submissions with the exception of vote modification through the Vototo Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Vototo Website and under these Terms.
D. In connection with User Submissions, you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vototo Corporation all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the Vototo Rules, which may be updated from time to time.
F. Vototo Corporation does not endorse any User Submission or any opinion, recommendation, or advice expressed in the Vototo Website, and Vototo Corporation expressly disclaims any and all liability in connection with User Submissions. Vototo Corporation does not permit copyright infringing activities and infringement of intellectual property rights on the Vototo Website, and Vototo Corporation will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Vototo Corporation may remove any Content and User Submissions without prior notice.
Account Termination Policy
A. Vototo Corporation will terminate, temporarily or permanently, a User's access to the Vototo Website when appropriate, e.g., in response to repeated infractions or a single egregious violation of the Terms. A User may also forfeit Totocash for violations of the Terms.
B. Vototo Corporation reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or indecency. Vototo Corporation may remove such User Submissions and/or terminate a User's access in violation of these Terms at any time, without prior notice and at its sole discretion.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that the Vototo Website contains content which infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Vototo Corporation’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claime\d to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vototo Corporation's designated Copyright Agent to receive notifications of claimed infringement is: Karen Canaan Esq., 2225 E. Bayshore Rd., Suite 243, Palo Alto, CA 94303, email: firstname.lastname@example.org, fax: 650-320-7663. Failure to comply with all these requirements may render your DMCA notice invalid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Oakland, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Vototo Corporation may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Vototo Corporation's sole discretion.
Transfer of Right and Licenses
You are prohibited to transfer any rights and licenses granted herein. Vototo Corporation may effect any such transfer without restriction.
Disclaimers, Limitation of Liability, and Jurisdiction
A. YOU AGREE THAT YOUR USE OF THE VOTOTO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VOTOTO CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE VOTOTO WEBSITE AND YOUR USE THEREOF. VOTOTO CORPORATION ENCOURAGES YOU TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
B. IN NO EVENT SHALL VOTOTO CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH DAMAGES INCLUDE, FOR EXAMPLE, THOSE OF A DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL NATURE. YOU SPECIFICALLY ACKNOWLEDGE THAT VOTOTO CORPORATION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.
C. The Vototo Corporation offers the Vototo Website from within the United States of America. Vototo Corporation makes no representation that the Vototo Website is appropriate or available for use in other locations. Those who access or use the Vototo Website from other jurisdictions do so at their own volition and are responsible for compliance with laws of those jurisdictions.
D. You agree to defend, indemnify and hold harmless Vototo Corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses. This defense and indemnification obligation will survive these Terms and your use of the Vototo Website.
E. You agree that: (i) the Vototo Website shall be deemed solely based in California; and (ii) the Vototo Website shall be deemed a passive website that does not give rise to any personal jurisdiction over Vototo Corporation outside California. These Terms shall be governed solely by the substantive laws of the State of California. Any claim or dispute between you and Vototo Corporation that arises at least in part from the Vototo Website shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms, together with Vototo Rules and any other legal notices published by Vototo Corporation on the Vototo Website, shall constitute the entire agreement between you and Vototo Corporation concerning the Vototo Website. Invalidation of any provision of these Terms by a court of competent jurisdiction shall not affect the validity of the remaining provisions of these Terms. No waiver of any term of this these Terms shall have any effect no any other term, and Vototo Corporation's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Vototo Corporation reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Vototo Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND VOTOTO CORPORATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOTOTO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.