EVOTE UK LIMITED.

EFFECTIVE DATE: March 01, 2018

Terms Of Use

eVote is a simple and secure digital-only voting platform. We are your ultimate feedback platform and so your agreement to these terms which regulate your use and behavior when using eVote are important so please read them.

IMPORTANT

This agreement is a legal contract between you and us. By using eVote you acknowledge that you have read, understood, and agree to be bound by its terms so if you do not like what you are reading, stop now. Also take the time to check out our {privacy} as that will help explain what information we collect, and how we use it; also take a look at our {code} which will help you understand how to use the Platform , post content , create voting positions and manage votes in ways which don’t offend or which might otherwise appear offensive. Together these {terms}, {privacy} and {code} comprise the contract between you the User, and eVote.

Your eVote account

Your eVote account is personal to you and to create it you will need to assign a unique username and password supported by a valid email address and to ensure the integrity of your account , your user account may only be verified and associated against a single email account even though you may access your account using an existing social media id such as facebook Connect.

You are responsible for everything associated with your Account so don’t transfer it, release your account details to anyone else, and don’t let anyone else use it on your behalf. If you do, you might be sorry, as you will be responsible for any unlawful activity, or any infringements of any other person’s property or their rights associated with your account.

We may suspend or terminate your access to eVote

Access to eVote is not guaranteed and we may suspend or terminate your account without notice if we decide that it’s in our interest, or the interests of other users of eVote to do so. We may not monitor or moderate your content or the content of other users on eVote all the time, but we reserve the right to do so, so please ensure that your use remains consistent with these terms of use at all time.

eVote is a digital voting platform

eVote is a digital voting platform where in addition to voting content you may also find links including advertisements and other third-party offers on eVote. eVote is not a party to, nor in any way responsible for, any transactions you may have with these third parties. eVote cannot accept responsibility or be held responsible for any their party content to which you link from the eVote platform so exercise your own discretion when doing so.In a similar way , eVote will not be responsible for any decisions you make based on information gathered or something posted whilst on eVote.

Our ownership and control of eVote content

The unique eVote "look and feel” is very important to us; the site contains graphics, images, video, audio, software, code etc , all of which is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.

So unless your lawyers tell you it amounts to “fair use” don’t make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display or reference any eVote content. If you are interested in licensing eVote content for your own non commercial purposes (maybe you’re reading this as an academic study?) just write to us first licensing@evote.com.

Your content and our right to use it

You are responsible for everything that you post on eVote and we will assume that to be the case, so please don’t post any user content which violates the copyright, trademark, trade secret or any other personal or proprietary right of any other party. WE WILL HOLD YOU ACCOUNTABLE IF THAT HAPPENS.

By submitting user content to eVote, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to post that content to the eVote platform, and in addition, to reproduce it and/ or distribute copies of that content, adapted or modified as we may wish, in any other medium and for any purpose, including commercial purposes, and to authorize others to do so provided we do so in accordance with our {smallPrivacy}.

Our agreement to post your content does not amount to an endorsement

We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to eVote.

Links and eVote

eVote are not responsible for the content or actions of any third party websites or services associated with posted links even though these links may appear on our platform. You are personally responsible for any links you post, and neither this agreement nor our {smallPrivacy} should be read as applying to such third party content .

Your participation on eVote

Your participation on eVote is subject to you complying at all times with these terms of use, our {smallCode}, and {smallPrivacy} which we may change from time to time. So you are encouraged to keep checking the site for updates.

User-generated eVote rules

the eVote platform enables users to create their own rules as a condition of participation in a particular vote so remember to check these out also and as long as they are not inconsistent with our own Terms of Use, eVoters will be expected to abide by those rules which will be enforced by the user who generated them.

Other ways of accessing eVote

eVote does not select and takes no responsibility for any content available on eVote.tv. We encourage the creation of other ways to access eVote, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us. If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on eVote.

Children and eVote

eVote is not directed at young people under the age of 13, and eVote does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing eVote, please contact us at security@evote.com

Copyright, the DMCA, & takedowns

We take our compliance with the Digital Millennium Copyright Act ("DMCA"), seriously and reserve the right to remove infringing user content on eVote.

To request removal of infringing content please submit a properly formatted DMCA request (see 17 U.S.C. § 512) to eVote.

Remember that willful ,frivolous or misleading claims of infringement can result in liability for monetary damages and so you may want to consult an attorney before taking any action pursuant to the DMCA. Remember also that users have the right to file a counter notice .Any DMCA request should be sent to this contact information:

Copyright Agent
EVoteE UK Limited
4th Floor, 88 Baker Street
London W1U 6TQ
legal@evote.com

Please send our Copyright Agent the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
  4. Your name, address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Your right to file a counter-notice

If we remove your user content in response to a copyright or trademark notice, we will notify you via eVote’s private messaging system and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on eVote before that period passes, we will consider restoring your user content to the site.

It is eVote's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law except in those jurisdictions where they don’t!

Indemnity

All the things you do and all the information you submit or post to eVote remain your responsibility and as such you agree to hold eVote, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of eVote, your violation of this user agreement including its {smallPrivacy} and code of conduct , and/or your violation of the rights of any third party or person.

Disclaimer of warranties

eVote is provided "as is" and is offered with no guarantee that the platform will be 100% available or that it is 100% suitable for your particular requirements .That means that we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that eVote will always work properly but we will do our best to make it so.

Limitation of liability

To the extent permitted by law we will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use eVote, including (but not limited to) damages for loss of profits, goodwill, use, or data even if we have been advised of the possibility of such damages.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of eVote.

Informal dispute resolution

We want you to enjoy eVote, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally before you institute formal proceedings against us. You can contact us with feedback and concerns at contactus@evote.com

Governing law

Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Delaware without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Wilmington Delaware.

Severability and enforcement

If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

Changes

This user agreement is the entire agreement between you and us concerning eVote. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the eVote website. By continuing to use eVote after a change to this agreement, you agree to those changes.