1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Votisodes.com domain name, the "Votisodes Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.Votisodes.com/pages/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Votisodes Website. You are entering into this agreement with Ballot Entertainment, LLC dba Votisodes ("Votisodes"), who is the operator of the Website.
2. Votisodes Website
These Terms of Service apply to all users of the Votisodes Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Votisodes Website may contain links to third party websites that are not owned or controlled by Votisodes. Votisodes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Votisodes will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Votisodes from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Votisodes Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. Votisodes hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website, Content or other’s User Submissions in any medium without prior written authorization of Votisodes; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Votisodes immediately of any breach of security or unauthorized use of your account. Although Votisodes will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Votisodes or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Votisodes servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Votisodes grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Votisodes reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Votisodes Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Votisodes, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content includes without limitation Votisdoes Clips. Marks includes without limitation VOTISODES and YOU SHAPE THE STORY. Content and User Submissions on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners; provided, however that the foregoing shall not limit the you from using your User Submissions in accordance with Section 5(G) below. Votisodes reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or User Submissions of others other than expressly permitted herein. If you download or print a copy of the Content or User Submission of others for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Votisodes Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Votisodes Website or the Content therein. You hereby agree that VOTISODES is a valuable trademark of Votisodes, and unless expressly otherwise agreed upon by Votisodes (e.g., Section 5(G)) you agree not to incorporate or use “votisodes” or any similar wording in any domain name, title, video, program, content, advertisement, book or any other work of art. Votisodes hereby grants you permission to use hypertext links to User Submissions that incorporate the word “votisodes” for so long as such links take internet users to the Website, provided, that such right shall terminate when such User Submission is deleted from the Website and users agree to immediately delete such hypertext links in such event.
5. User Submissions
A. The Votisodes Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Votisodes does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely 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: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Votisodes 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 Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Votisodes, you hereby grant Votisodes a 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 Votisodes Website and our (and its successor's) business, including without limitation for promoting and redistributing part or all of the Votisodes Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Votisodes Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Votisodes Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary 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 Votisodes all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Votisodes or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business unless otherwise expressly authorized by Votisodes: (v) impersonate another person. Votisodes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Votisodes expressly disclaims any and all liability in connection with User Submissions. Votisodes does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Votisodes will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Votisodes reserves the right to remove Content and User Submissions without prior notice. Votisodes will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Votisodes also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Votisodes may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) Identification of the material that is claimed 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Our designated Copyright Agent to receive notifications of claimed infringement is: Jay Bettinger, 3020 Old Ranch Parkway, Suite 300, Seal Beach, CA 90740, email: copyright@votisodes.com, telephone: 562-598-5880, fax: 562-598-5993. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Votisodes customer service through contact@votisodes.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Votisodes Website, you will be exposed to User Submissions from a variety of sources, and that Votisodes 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 Votisodes with respect thereto, and agree to indemnify and hold Votisodes, 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.
F. Votisodes permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Votisodes provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Votisodes website on the pages containing the Embeddable Player. Votisodes reserves the right to discontinue any aspect of the Votisodes Website at any time.
G. Notwithstanding any other provision in these Terms of Use, to the extent you create a User Submission on Votisodes that contains a portion that was auto-created and added to the User Submission by Votisodes as you may direct (a “Votisodes Clip”), you may only use such Votisodes Clip in accordance with the following: (a) you may only use the Votisodes Clip with any such corresponding User Submissions which lead to the generation of the Votisodes Clip; (2) Votisodes hereby grants you a limited, non-transferrable, non-assignable right, revocable right to use any such Votisodes Clip (and the trademarks, copyrights and other intellectual property rights therein) with the corresponding User Submission for non-commercial purposes for use on the Website or on other internet websites for so long as such use does not violate these Terms of Use and does not violate the terms and conditions of any such websites, and provided that such right is automatically revoked immediately as contemplated under provision (6) below of this Section 5(G); (3) all use of the VOTISODES trademark and other trademarks of Votisodes within the Votisodes Clip shall inure solely to the benefit of Votisodes; (4) you agree to and shall comply with the Votisodes trademark usage policy; (5) you shall not alter any Votisodes Clips without the express written permission of Votisodes; and (6) you immediately cease using the Votisodes Clip and the corresponding User Submission it is incorporated into immediately upon removal or deletion of the corresponding User Submission from the Website.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VOTISODES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VOTISODES, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VOTISODES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VOTISODES WEBSITE. VOTISODES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VOTISODES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VOTISODES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL VOTISODES, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VOTISODES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VOTISODES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Votisodes from its facilities in the United States of America. Votisodes makes no representations that the Votisodes Website is appropriate or available for use in other locations. Those who access or use the Votisodes Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Votisodes, its parent corporation, officers, directors, managers, shareholders, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Votisodes Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Votisodes Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Votisodes Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Votisodes Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Votisodes without restriction.
11. General
You agree that: (i) the Votisodes Website shall be deemed solely based in California; and (ii) the Votisodes Website shall be deemed a passive website that does not give rise to personal jurisdiction over Votisodes, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Votisodes that arises in whole or in part from the Votisodes Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Service, together with the Privacy Notice at http://www.Votisodes.com/pages/privacy and any other legal notices published by Votisodes on the Website, shall constitute the entire agreement between you and Votisodes concerning the Votisodes Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Votisodes reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Votisodes Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VOTISODES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOTISODES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Click here to read the Votisodes Trademark Guidelines.
