Thank you for visiting the internet website at Votslab.com (“VOTS Website”) which is owned by VOTS, a Limited Liability Company “VOTS” or “We” or “Us”). VOTS provides these Terms of Use (the “Agreement”) to notify all users of ’s policies with regard to the terms and conditions that govern their use of this VOTS Website. Use of this VOTS Website is conditioned on acceptance, without modification, of this Agreement by you as a user of this VOTS Website (“You” or “User” or “Your”).
The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as “Proposition 65,” requires entities doing business in California to provide warnings to consumers about significant exposures to chemicals that have been identified by the state to cause cancer, birth defects or reproductive harm. In 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) promulgated new consumer warning regulations that take effect on Aug. 30, 2018 (27 Cal. Code Reg. Section 25600 et seq.).
USE OF SITE: You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
INTERNATIONAL ACCESS: This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
(i) “VOTS Server” or “Server”” means the computer software or hardware that serves and hosts the VOTS Website to users across the Internet; and
(ii) “User(s)” mean any user of the VOTS Website.
2.1 Subject to all the terms and conditions of this Agreement, VOTS hereby grants to User a non-exclusive, revocable, and limited right to access and use the VOTS Website in strict compliance with this Agreement (“Access Right”) This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation, or termination of this Agreement for any reason.
2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the VOTS Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3 As a condition of Client’s use of the VOTS Website, User covenants to VOTS that User will not use the VOTS Website for any unlawful purpose or for any purpose that is prohibited by this Agreement. User may not use the VOTS Website in any manner that could damage, disable, overburden, or impair the VOTS Website and any VOTS Servers, or interfere with any other party’s use and enjoyment of the VOTS Website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VOTS Website.
2.4 Notwithstanding any assistance that VOTS may provide, the User assumes sole responsibility for the uploading and updating of any of the User’s Content (if any) as may be available through the Website.
2.5.1 Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through the Website any data, information, messages, text, works, material or any other content, including, without limitation, any personal identifiable information related to the User (collectively, “Content”) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (f) User will not use the VOTS Website for purposes not authorized by VOTS ; and (g) User will not use the VOTS Website for any illegal purpose or any fraudulent scheme or transaction.
2.5.2 User hereby grants VOTS a perpetual, worldwide, transferable, fully paid up right to use User’s Content to: (i) provide the User with the any of the services contemplated by the VOTS Website, under this Agreement or under any other contract between User and VOTS , including without limitation any other uses
2.6 Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of the VOTS Website or any VOTS Server, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or network security (including, but not limited to, that of the VOTS Website or any VOTS Server) may result in civil or criminal liability; and (c) VOTS ] has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. VOTS also reserves the right to cooperate with all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the VOTS Website. By User’s use of the VOTS Website, User authorizes VOTS to take such action.
2.7 In the event the VOTS Website, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the VOTS Website, User hereby represents and warrants to VOTS that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the VOTS Website, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions
2.8 In addition to any other right to terminate this Agreement, VOTS hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section 2.
3.1 VOTS ’s policy is to respect the copyright and intellectual property rights of others.
3.2 This Agreement shall not be interpreted to transfer any rights in any intellectual property from VOTS to any Users. VOTS or its licensors shall solely own all inventions, patents, trademarks/service marks, logos, images, graphics, content, reports, analysis, data, formulae, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided in, or made available by using, or otherwise contained in, the VOTS Website and otherwise provided in furtherance of this Agreement (collectively, “VOTS IP Assets”).
3.3 VOTS IP Assets may not be used by User without the prior written permission from VOTS, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to VOTS. In addition to any other conditions on Client’s Access Right as set forth in this Agreement, Client’s Access Right is subject to the following additional conditions: (i) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the VOTS IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other VOTS IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of VOTS (which VOTS may or may not grant in its sole discretion); (iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of VOTS or any other party placed on or embedded in the VOTS IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the VOTS IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
3.4 User agrees to keep strictly confidential all VOTS IP Assets that have not been made publicly available by VOTS. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
4.1 User agrees that: (i) if the User has any Content or any login or password associated with this VOTS Website, then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this VOTS Website, then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User. Client, and (b) User will immediately notify VOTS of any unauthorized use of the User’s login and password.
4.2 The terms and conditions of the Privacy Policy for the VOTS Website are hereby incorporated into this Agreement by this reference and User hereby agrees to always comply with the same.
1. Indemnity. User will indemnify and hold VOTS dare, its parents, subsidiaries, affiliates, officers, directors, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s access to the Website, use of the Website, the violation or other breach of this Agreement by the User, or the infringement by the User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
2. Site Resources; Provided “AS IS”.The VOTS Website may, from time to time, provide a wide variety of content, information, statistics, statements, features, forums, blogs and/or other functionalities or data . ALL SITE RESOURCES ARE PROVIDED “AS IS’. IF ANY INFORMATION OR DATA IN A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE OTHER THAN DIRECTLY BY VOTS, THEN THAT INFORMATION SHALL BE SUPERSEDED BY (AND MAY NOT BE FULLY ACCURATE OR COMPLETE WHEN COMPARED TO) THE ORIGINAL SOURCE OF SUCH INFORMATION AND SUCH ORIGINAL SOURCE OF INFORMATION SHALL TAKE PRECEDENCE. VOTS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS VOTS WEBSITE, SITE RESOURCES AND ITS VOTS SERVERS AT ANY TIME.
3. Links to Third Party Sites. As a convenience to Users, the VOTS Website may now, or in the future, provide links to other Internet web sites that are not owned by VOTS, and are not under VOTS’s control (“Third Party Websites”). VOTS does not control the Third-Party Websites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked web site, or any changes or updates to a linked web site. Any reference from the VOTS Website to any entity, product, service, or information does not constitute an endorsement or recommendation by VOTS. No Third-Party Website is authorized to make any representations or warranties on VOTS ’s behalf. Your visit to any Third-Party Websites is subject to the terms and conditions of such Third-Party Websites, and not this VOTS Website’s Agreement. User should refer to each Third-Party Website’s specific terms.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITE RESOURCES AND ALL OTHER CONTENT, FEATURES OR FUNCTIONALITIES PROVIDED BY VOTS THROUGH THIS VOTS WEBSITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE OF THE FOREGOING REMAINS SOLELY WITH THE USER. VOTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS VOTS WEBSITE. ALL SITE RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VOTS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VOTS DOES NOT WARRANT THAT THE VOTS WEBSITE AND THE SITE RESOURCES ON THE VOTS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
1. Change in these Terms of Use. ONCE USER BEGINS TO USE THIS VOTS WEBSITE, VOTS MAY MODIFY THIS AGREEMENT AT ANY TIME AND USER WILL THEREAFTER BE BOUND BY THE VERSION OF THIS AGREEMENT THAT IS IN EFFECT THE NEXT TIME THE USER VISITS THE VOTS WEBSITE. ANY USE OF THE VOTS WEBSITE BY USER THEREAFTER SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY USER OF ALL SUCH AMENDMENTS.
2. Termination. In the event User, or anyone else using User’s privileges, violate the terms of this Agreement (as determined in VOTS ’s discretion), VOTS reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights (as such term is defined in Section 2.1 above). In addition to any other right of VOTS to terminate this Agreement, VOTS further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights VOTS is not required to provide mail or web page forwarding at termination.
3. Miscellaneous Provisions.
11.2 Notices. Except as otherwise expressly provided in this Agreement, any communications between the parties, or notices to be given hereunder, will be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, or by email to User at any address (or facsimile or email) it has provided to VOTS , or to VOTS at the official address (or official facsimile or official email address) given for VOTS ’s corporate headquarters, or to such other addresses or numbers as VOTS may hereafter indicate pursuant to this Section. Unless otherwise provided in this Agreement, any communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing; provided, however, any communication or notice delivered:(i) by facsimile will be deemed to be given when the transmitting machine generates a receipt of a successful transmission of the notice; or (ii) by email will be deemed to be given when the email has been generated and sent by the sender. Unless otherwise provided in this Agreement, any communication or notice given by personal delivery will be deemed to be given immediately upon such delivery, provided such delivery is made to the person indicated below.
11.3 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the VOTS Website, and therefore User agrees that VOTS shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
11.4 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement,
11.5 Binding Effect; No Assignment by Client; Permissible Assignment by VOTS. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void. VOTS shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
11.6 Entire Agreement; Modification; Waiver. This Agreement, including any attachments and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of VOTS, its agents, or employees, but only by an instrument in writing signed by an authorized employee of VOTS. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to: info@votslab.com
