Terms of Service (17 Sep 2020)
Permissions and Restrictions
Third-Party Links, sites and services
Disclaimers and Limitation of Liability
Governing Law and Dispute Resolution
Thank you for using Votap. Votap exists to speed up the decision-making process, or even to bypass it completely. We occupy a unique space that replaces the need for conducting online research, analysing traditional surveys, or even having face-to-face conversations. Now, with Votap, everyone has a platform to voice their opinions across a range of diverse, digital content. Finding out what people truly think about a product or service has never been more immediate.
2. Our Services
The mission of Votap is to become the platform with openness and equality for you to collect and share opinion.
Using Votap may include downloading software to your computer, phone, tablet, or other device.
2.1 Providing personalized content
To speed up your decision-making process, Votap also serves as a data base. By analyzing your interests and behavior on Votap, we will provide relevant and interesting content to you.
2.2 Collect and share opinion
We think the most efficient method to collect and analyses opinion is by voting. As a Votap user, you may either create or vote on a poll to collect and share you own opinion.
2.3 Redemption and Marketplace
To encourage and motivate user to share their opinion, Votap has reward system. You can earn points from taking actions on Votap such as voting on incentive poll and asking question. You can then redeem different reward from our marketplace.
3. Service Eligibility
You can use parts of the Service, such as browsing and searching or even voting (depends on the condition) for Content, without becoming a Votap user. With a Votap account, you may be able to create a poll, subscribe to users, redeem rewards from marketplace, and more.
To create your Votap account, you must provide us with accurate and complete information.
You must be at least age 13 or above to become a Votap user.
If you’re based in the EEA, you may only use Votap if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Votap has been provided to us.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity.
4. Your content
4.1 Posting Content
Votap allows you to create a poll, vote or comment on a poll containing photos, text, links and other materials. Anything that you share, post or otherwise make available on Votap is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Votap.
Votap is under no obligation to host or serve User Content. If you see any content you believe does not comply with this Terms, you can report it to us.
4.2 Using Your Content
4.3 Content Retention
Following termination of your account, or if you remove any User Content from Votap, we anonymous your content and may keep it for a reasonable period of time for backup, archival, or audit purposes. Votap and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Votap.
5. Your information
Votap aims to help you solve your problems. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. Therefore, we need to be able to identify you and your interests. Some of the things we show you are promoted by other users or advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.
To identify you we will need you to provide some personal information. The information you provided should be correct and accurate. Your information will be encrypted and protect as secure as possible.
5.1 Normal User
To registered as a Votap user, you will need to provide a username, email address, profile photo and interests.
5.2 Business User
By upgrading to Business User, you will be allowed to access professional features such as Survey Mode and Incentive Poll. To become a Business User, you will need to provide a legal proof of business operation for verification purpose.
6. Permissions and Restrictions
We want Votap to be a platform for people feel welcome and safe to express themselves and share their thoughts and ideas. We may remove your content or even terminate or suspend your access immediately and without notice if we find you have breaded our Terms and Policies, including any violation of our “Dos and Don’ts” guideline below. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information.
a. Create a false identity on Votap, misrepresent your identity, create a user profile for anyone other than yourself (a real person or organization), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Votap;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others);
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
g. Violate the intellectual property or other rights of Votap, including, without limitation, (i) copying or distributing our analytic reports, learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Votap” or our logos in any business name, email, or URL.
h. Post anything that contains software viruses, worms, or any other harmful code;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by Votap without our express consent;
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without our consent;
l. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without our consent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services’ availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
r. Post any violent, discriminating and sexual or nudity content.
7.1 Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the your account, which involves removing your content and data. You also have the option to download a copy of your data first.
7.2 Terminations and Suspensions by us
We may suspend or terminate your account to access to all or part of the Service if (a) you materially or repeatedly breach this Terms; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, YouTube or our Affiliates.
7.3 Terminations by us for Service Changes
We may terminate your access to all or part of the Service if we believe, in our sole discretion, that provision of the Service to you is no longer commercially viable.
7.4 Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by us unless we reasonably believe that to do so:
(a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for;
(b) would compromise an investigation or the integrity or operation of the Service;
(c) would cause harm to any user, other third party or Votap.
7.5 Effect of Account Suspension or Termination
If your Votap account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, you can appeal via firstname.lastname@example.org .
8. Third-party links, sites and services
Votap may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Votap. Votap generally does not review content provided by our users. You agree that we are not responsible for others’ (including our users) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
If you access any third-party website, service, or content from Votap, you do so at your own risk and you agree that Votap has no liability arising from your use of or access to any third-party website, service, or content.
9. Disclaimer and limitation of liability
Our Service and all content on Votap is provided on an "as is" basis without warranty of any kind, whether express or implied. Votap specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Votap takes no responsibility and assumes no liability for any User Content that you or any other person or third-party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOTAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL VOTAP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Votap’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Votap isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
You agree to defend, indemnify and hold harmless Votap, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
(2) your violation of any third-party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Votap Services, including, without limitation, Votap Services’ actions for your benefit; and/or
(3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
11. Governing law and dispute resolution
These Terms shall be governed by the laws of the Hong Kong, without respect to its conflict of laws principles. If you are not a user in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Hong Kong and our dispute will be determined under Hong Kong law. If you are a user in EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
12. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
If we don't act to enforce a breach of this Contract, that does not mean that we have waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Votap may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
We care about the security of our users. While we work to protect the security of your content and account, we can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
14. Contact us
We value hearing from our users and are always interested in learning about ways we can make Votap more awesome. If you choose to submit comments, ideas or feedback via email@example.com, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Votap doesn’t waive any rights to use similar or related feedback previously known to Votap, or developed by its employees, or obtained from sources other than you.