VOTIV TERMS OF USE
WEBSITE TERMS OF USE
Last updated: March 2, 2023
These Terms of Use (“Terms”) define how your use of Votiv, Inc. and our subsidiaries’ (collectively “Votiv”) websites (collectively, the “Site”). By visiting the Site you agree to the following:
So long as you comply with these Terms, we grant you a limited license to access and use the Site, as well as a limited, revocable, and nonexclusive right to create links to the Site, so long as the link doesn’t hurt our reputation or good will. This right ends if you do not comply with these Terms or engage in any of the unlawful or prohibited practices discussed in the next section.
1. USER TERMS.
By using the Site you accept these Terms and Votiv’s Privacy Policy (incorporated into these Terms by reference). If you don’t agree with the Terms, then you may not use the Site. We reserve the right to update these terms from time to time.
2. THIRD PARTY PRODUCTS, SERVICES, AND WEBSITES.
We may offer third-party products or services through the Site. Be aware that those third-party sites have their own terms of use and privacy policies that may affect how you use their services. If you use any of these third-party products or services, you assume all risks and liabilities associated with your use. We may also link to third-party websites including websites of our third-party service providers (“External Websites”). We have no control over these External Websites and are not liable for any content, advertising, issues, or other materials on or available from those External Websites.
3. COMMUNICATIONS.
We won’t contact you unless you provide us with your contact information. By providing us with your contact information, you agree to receive communications from us (like newsletters). If you no longer want to receive communications from us, follow our opt-out procedures available in our Privacy Policy.
4. UNLAWFUL OR PROHIBITED USES.
The Site may only be used for lawful purposes in accordance with these Terms. You may not use the Site for any purpose that violates the law or is unlawful or prohibited by law. YOU MAY NOT: (a) download (other than page caching) or modify any part of the Site; (b) use the Site or any part of the Site for any commercial use; (c) make any derivative use of the Site or any part of the Site; (d) use data mining, robots, or similar data, logo, or other proprietary information (including images, text, page layout, or form) gathering and extraction tools or reproduce the Site; (e) use framing techniques to enclose any trademark without our (or our licensor’s) express written consent; (f) use any meta-tags or any other “hidden text” that use any of our Marks (defined below); the trademarks of our affiliates, partners, or artists without express written permission; (g) conduct any activity on the Site to defame or violate the privacy rights of another; (h) “hacking” the Site; (i) infringe the intellectual property or other rights of Votiv or third-parties; or (j) modify, alter, reverse engineer, decompile, or disassemble the Site (or related documentation), or create derivative works based on the Site. We reserve the right to terminate your use of the Site or any Votiv materials for performing a prohibited use.
5. MINORS.
The Site is not intended for users under thirteen (13) years of age. If you are younger than 13, you must obtain your parent or guardian’s consent to use the Site. If you are a parent or guardian, you hereby agree to bind the user to these Terms and to fully indemnify and hold harmless Votiv if the user breaches any of these Terms.
6. TRADEMARK.
VOTIV, the VOTIV logo, and all other related trademarks (including graphics, logos, page headers, button icons, scripts, and service names) on the Site are trademarks of Votiv or our respective licensors and are protected by U.S. and international law (“Marks”). You may not use our Marks without our prior written consent.
7. COPYRIGHT.
All content on the Site is our property and protected by U.S. and international copyright laws. You may not use any content on the Site without our prior written consent.
8. FEEDBACK.
Any unsolicited ideas, suggestions, materials, or other information you share with us about the Site, our artists, song ideas, film or television concepts, or other aspects of our business are considered unsolicited feedback (“Feedback”). If you provide us with Feedback, you also grant Votiv an exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use and publish the Feedback for any purpose without compensation to you.
9. NO WARRANTIES AND LIMITATION OF LIABILITY.
(a) THE SITE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) VOTIV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED ON THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. VOTIV MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE PRODUCTS OR SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. ALL CONTENT ON THE SITE SUCH AS TEXT, GRAPHICS, LOGOS, IMAGES, AUDIO CLIPS, VIDEO, DATA, MUSIC, SOFTWARE, APPLICATION UPDATES, AND OTHER MATERIAL IS HEREBY DEFINED AS “CONTENT”. VOTIV IS NOT LIABLE FOR: (I) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER CONTENT; (II) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, INTERCEPTED, OR OTHERWISE UN-RECEIVED USER CONTENT OR DATA TRANSMISSIONS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES, OR ANY THIRD-PARTY WEBSITES.
(c) VOTIV MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SITE FOR YOUR PURPOSES, OR THAT YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, SCREEN-READERS, (ETC) HARDWARE, SOFTWARE, SYSTEMS, OR DATA.
(d) VOTIV IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. INDEMNITY.
You will indemnify, defend, and hold Votiv, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from your access and use of the Site.
11. ACCESSIBILITY.
We are committed to giving each user the best possible experience on our Site. If you have a concern about your access on the Site, let us know by filing a notice as described in Section 11 below.
12. DISPUTES AND CLAIMS
A. Notice of Dispute or Claim. You will not file any legal action against Votiv in any forum without submitting a detailed description of your dispute or claim, (“Dispute”) to Votiv at info@votiv.is. The information you provide to Votiv must include specific information about the claim such as the nature of the issue, the website page(s) affected by the issue, reference to any legal authority governing the issue (such as citations to state privacy laws, CANSPAM statutes, or similar regulations), and any other information a reasonable person would consider relevant to resolving the issue.
B. Resolution Process. Votiv will have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email you send. If your issue is not resolved within 90 days, you have thirty (30) days to request an informal mediation about the issue with Votiv. If Votiv agrees to mediation, the mediation will take place in Seattle, Washington with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
C. Litigation. If a Dispute between you and Votiv cannot be resolved informally or through mediation, litigation may be commenced either in the district court of King County, Washington, for state court cases, or in the United States District Court for the Western District of Washington for federal court cases. Each Party agrees to submit to the exclusive jurisdiction of such courts with respect to any Dispute(s) and agrees not to bring any Dispute(s) in any other court or adjudicative body. Each Party hereby consents to venue and personal jurisdiction in such courts with respect to such Dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
D. Jury Waiver. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO EITHER PARTY. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
E. Time Limitation. Any Dispute(s) must be filed within two (2) years after the cause of action arose and the Parties waive any statute of limitations to the contrary. These Terms will be governed by the laws of Washington without giving effect to applicable conflict of law provisions. The substantially prevailing party in any Dispute litigation shall be entitled to recover reasonable attorney’s fees and costs, including expert costs.
F. Injunctive Relief. Your breach of these Terms is likely to cause immediate and irreparable harm to Votiv. As such, Votiv may seek injunctive relief against you without the need to post an injunction bond.
13. GENERAL.
The relationship between you and Votiv is that of independent parties and nothing else – there is no employee and employer relationship, or principal and agent relationship, between you and Votiv. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms. The failure of either party to enforce any right or provision in the Terms will not constitute a waiver of such right or provision. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Site.
14. OUR CONTACT INFORMATION.
If you have questions regarding the Terms, please contact us at:
Votiv, Inc.
Attn: Terms of Use
E-mail: info@votiv.is