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VTKU's Terms & Conditions

Last modified on June 6, 2012


The VoThink.Us Online Voting System ("VTKU ") consists of all public and restricted websites and software found at www.VoThink.Us. VTKU is owned and operated by VoThink.Us.

This Terms of Service Agreement ("Agreement") governs your use of VTKU . By using and/or accessing VTKU , 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 VTKU .

VoThink.Us may revise this Agreement at any time without notice, and such revisions will be effective upon being posted on www.simplyvoting.com. By using and/or accessing VTKU 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.

PRIVACY


VoThink.Us will not edit or disclose your private VTKU records or content, except that you agree that VoThink.Us may do so in accordance with its then-current Privacy Policy or in the good faith belief that such action is reasonably necessary:
  • to comply with any local laws, rules or regulations;
  • to comply with any legal process
  • to enforce this Agreement; and
  • to respond to claims that such data violates the rights of third parties.

You acknowledge and agree that VoThink.Us may access any content, data statistics and other tools of VTKU 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 VoThink.Us is not responsible or liable for the content, usage, information and data collected from any forms created using VTKU .

LIMITATION OF LIABILITY

VoThink.Us WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF VTKU . THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF VTKU , THE FAILURE OF VTKU , OR THE TERMINATION OF THE ACCESS TO VTKU . THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF VTKU OR INTERRUPTION OF TRANSMISSION. VoThink.Us 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.

YOU AGREE THAT VoThink.Us IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF VTKU , REGARDLESS OF WHETHER THE FAILURE OF VTKU IS ANNOUNCED, JUSTIFIED, OR NEGLIGENT.

GENERAL DISCLAIMER

VoThink.Us PROVIDES VTKU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. VoThink.Us 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. VoThink.Us DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN VTKU OR THAT VTKU OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL COLLECTED THROUGH VTKU IS YOUR SOLE RESPONSIBILITY. VoThink.Us IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER(s), SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF VTKU . YOU UNDERSTAND AND AGREE THAT USE OF VTKU IS DONE AT YOUR OWN RISK AND DISCRETION. NO RESALE OF THE SERVICE

Your right to use VTKU is granted to you on a non-exclusive basis and you may not resell all or any portion of VTKU or its usage. You agree not to reproduce, duplicate, copy, sell, or resell VTKU , reports, files or data, or your use of or access to VTKU to any unregistered or unauthorized persons. Known or suspected violations will be grounds for immediate termination of your use and access to VTKU , files and accumulated stored data, and, depending upon the circumstance, may be grounds for VoThink.Us legal recourse.

DATA STORAGE

You understand and agree that all data collected using VTKU will be stored on VoThink.Us servers. VoThink.Us assumes no responsibility for the deletion or failure to store any data or other information included by you on VTKU . VoThink.Us, at our sole discretion, may establish an upper limit on the amount of memory and the number of records you may store through VTKU .

YOUR CONDUCT

You agree to abide by all VoThink.Us standards and applicable local, state, national and international laws and regulations in your use of VTKU , and you agree not to interfere with the use and enjoyment of VTKU by other users. You agree to be solely responsible for the actions and the contents of entries through VTKU .

You agree:
  • Not to use VTKU for illegal purposes;
  • Not to use VTKU for chain letters, junk mail, unlawful "spamming" solicitations (commercial or otherwise) or unlawful bulk communications of any kind, and
  • To comply with all regulations, policies and procedures of networks connected to VTKU . You agree not to post, promote or transmit through VTKU 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. VoThink.Us may, at its sole discretion, immediately terminate your access to VTKU should your conduct fail to conform to this Agreement.

INDEMNIFICATION

You agree that VoThink.Us will not be held responsible for any claims, damages, demands or fees arising out of your violations of this Agreement, the Privacy Policy or infringements on the rights of any third parties as a result of your use of VTKU . You also agree to indemnify VoThink.Us and its officers, directors, employees, agents, and partners for any and all claims that may arise.

PROPRIETARY RIGHTS TO VTKU

You are only permitted to use VTKU as expressly authorized by VoThink.Us, 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 VTKU without express authorization from VoThink.Us.

WEBSITES OR EMAIL UTILIZING VTKU

VoThink.Us does not review or monitor any user websites or email messages that utilize or link to VTKU and is not responsible for the content of any such websites or email messages.

DATA LOSS

VTKU 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. VoThink.Us will not be responsible for data loss resulting from misuse of VTKU passwords.

SYSTEM INTEGRITY

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of VTKU . 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.

VTKU 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 VTKU or the content contained therein without prior written permission of VoThink.Us. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of VTKU .

100% AVAILABILITY GUARANTEE

VoThink.Us endeavours to provide the most reliable infrastructure possible for VTKU . If you are in good financial standing with VoThink.Us, VoThink.Us guarantees that VTKU 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 VTKU 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 VTKU 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 election fee. Election fee is defined as your Unlimited Elections fee or most recent Single Election fee, whichever applies. Credits shall not be provided to you if unavailability is the result of: a) special maintenance b) circumstances beyond VoThink.Us'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.
PUBLICITY REFERENCES

You agree to allow VoThink.Us to refer to your use of VTKU on its websites, in its press releases, and/or other promotional media, and make use of your logo for such purpose.

NO REFUNDS

VoThink.Us maintains a strict no-refund policy on VTKU fees.

GOVERNANCE

This Agreement constitutes the final agreement between you and VoThink.Us. 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 Province of Quebec and shall be deemed to have been entered into at Montreal, Quebec. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction.

VoThink.Us'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 VTKU 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. Les parties aux présentes reconnaissent que les présentes soient rédigées dans la langue anglaise.
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