Flagging Inappropriate Content
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.
Violation of these Terms may, in Flashvote's sole discretion, result in termination of your Flashvote account. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Flashvote, we can stop providing all or part of the Service to you.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Flashvote WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- You must be at least 13 years old to use the Service. Persons under the age of 13 are prohibited from using the Service. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and to abide by and comply with these Terms.
- You affirm that you have not been previously suspended or removed from the Service and do not have more than one Flashvote account.
- You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Content (defined below) via the Service.
- You are responsible for any activity that occurs through your Flashvote account, and you will not sell, transfer, license or assign your account or any account rights. With the exception of people who are expressly authorized to create accounts on behalf of their employers or clients, Flashvote prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provided to Flashvote upon registration, and all information you provide at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You will not solicit, collect or use the login credentials of other Flashvote users.
- You are responsible for keeping your password secret and secure.
- You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you will not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You will not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.
- You are solely responsible for your conduct and any text, data, files, information, user name, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content and materials (collectively, "User Content") that you submit, post or display on or via the Service. You understand and agree that Flashvote cannot and will not be responsible for User Content posted on the Service, and you use the Service at your own risk.
- You will not change, modify, adapt, alter or reverse engineer any aspect of the Service or do anything that might discover the source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code relating to the Service.
- You will not indicate in any manner that we have endorsed you or any products or services without our prior written consent to do so, and you will not change, modify or alter another application or website so as to falsely imply that it is associated with the Service or Flashvote. You will not develop any application that interacts with the Service without our prior written consent.
- You will not create or submit unsolicited or unauthorized advertising, solicitations or promotional materials (i.e., spam) using the Service.
- You will not use domain names or web URLs in your user name without our prior written consent.
- You will not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You will not inject content or code or otherwise alter or interfere with the way any Flashvote page is rendered or displayed in a user's browser or device.
- You will not create a Flashvote account through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You will not attempt to restrict another user from using or enjoying the Service, and you will not encourage or facilitate violations of these Terms or any other Flashvote terms.
- You agree to abide by any third-party terms that apply to the Service or when posting reviews of Flashvote, including the iTunes App Store Terms of Service or the Android Market Terms of Service.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you deactivate your account, your User Content will no longer be accessible through your account.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any user name for any reason.
- We may, but have no obligation to, screen, monitor, block, edit and/or remove User Content or accounts containing User Content that we determine in our sole discretion violates these Terms.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Flashvote is not responsible or liable for the conduct of any user. Flashvote reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party services. Functionality on the Service may also permit interactions between the Service and a third-party service, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share User Content from the Service or your User Content with a third party, which may be publicly posted on that third-party service. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Flashvote does not control any of these third-party services or any of their content. You agree that Flashvote is in no way responsible or liable for any such third-party services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, a "Third-Party Application") and such Third-Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third-Party Application, you agree to the following: (i) if you use a Third-Party Application to share User Consent, you are consenting to information about your profile on the Service being shared; (ii) your use of a Third-Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Flashvote has not itself provided such information; and (iii) your use of a Third-Party Application is at your own option and risk.
- When you first create a Flashvote account, we ask for your mobile number to verify your account. Please be aware that your carrier's text messaging and data fees apply for mobile number verification. You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Flashvote's express consent.
- We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of any Updated Terms.
Flashvote Claims No Ownership
The Service may provide you with the ability to create, post, or share content ("Your User Content"). Flashvote claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.
Flashvote's Use of Posted Content on the Service
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary
User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Service or content available on the Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Service. Flashvote does not endorse any, nor is it responsible for, User Content on the Service. You assume all risks associated with Your User Content, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the Service, try to break it, or steal our hard work.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service; use an amount of bandwidth that significantly exceeds the average bandwidth usage of other users, or place a disproportionate load on our servers, as determined solely at our discretion ("Disproportionate Use"); frame or link to the Service without permission; use data mining, robots, or other data gathering devices on or through the Service, including to create accounts; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms; use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Flashvote or others; or access the Service from a jurisdiction where it is illegal or unauthorized.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.
Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Service.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. If we learn that you are making inappropriate Use of the Service, we may, in addition to suspend or terminate your account, limit your ability to use the Service. We reserve the right to refuse to provide the Service to you in the future.
Flashvote may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment violates these Terms: violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
We reserve the right to remove any user generated Flashvote content (images/video, questions, answers, etc.) that we, "Flashvote" or users of the Flashvote application, flag as offensive or objectionable through our firstname.lastname@example.org email. Therefore offensive or objectionable content will be filtered out of the Flashvote app through our company review team and the user community.
We reserve the right to terminate accounts and block abusive users from the Service for any offensive or objectionable content that violates these Terms at any time at the sole discretion of Flashvote.
Method for Filtering/Flagging Offensive Content and Blocking Obtrusive Users
Respecting Other People's Rights
Flashvote respects the rights of others and so should you. You therefore may not post or send content that: violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual property right; bullies, harasses, or intimidates; defames; or spams or solicits Flashvote's users. You must also respect Flashvote's rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
In short: You may not use the Services in ways that are not authorized by these Terms.
- You are hereby granted a limited, nonexclusive, non-sublicensable, non-transferable license to access and use the Service in the manner permitted by these Terms. This license is revocable at any time. Any access or use of the Service other than as specifically permitted in these Terms, without the prior written consent of Flashvote, is strictly prohibited and will terminate your license to access and use the Service.
- Although it is Flashvote's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Flashvote reserves the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may continue to be stored by Flashvote, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Flashvote encourages you to maintain your own backup of your User Content. In other words, Flashvote is not a backup service and you agree that you will not rely on the Service for the purposes of User Content backup or storage. Flashvote will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
- You agree that Flashvote is not responsible for, and does not endorse, User Content posted on or through the Service. Flashvote does not have any obligation to screen, monitor, block, edit or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.
- Flashvote does not claim ownership of any User Content that you post on or through the Service. Instead, you hereby grant to Flashvote an irrevocable, perpetual, nonexclusive, worldwide, fully paid and royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content. No use of User Content in accordance with the User Content License will entitle you to any compensation from Flashvote, or any other companies, organizations or individuals.
- You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees and any other monies owed by reason of User Content you post on or through the Service.
- Subject to any privacy settings you have set to control who can see your User Content, as between you and Flashvote, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You agree that your relationship with Flashvote is not a confidential, fiduciary or other type of special relationship, and that your decision to submit any User Content does not place Flashvote in a position that is any different from the position held by members of the general public, including with regard to your User Content.
- The Service contains content owned or licensed by Flashvote ("Flashvote Content"). Flashvote Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Flashvote, Flashvote owns and retains all rights in the Flashvote Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Flashvote Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Flashvote Content.
- The Flashvote name and logo are trademarks of Flashvote, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flashvote. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Flashvote, and may not be copied, imitated or used, in whole or in part, without prior written permission from Flashvote.
- The Service will be supported by advertising revenue and will display advertisements and promotions, and you agree that Flashvote may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
- It is Flashvote's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Flashvote does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions or other materials, you further agree that Flashvote is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- If we terminate your access to the Service or you deactivate your Flashvote account, all rights granted to you in these Terms will immediately cease.
Flashvote respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Flashvote becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user's account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Attn: Copyright Agent
333 S. 520 W.
Lindon, UT 84042
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 Flashvote to locate the material.
- 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 Flashvote to locate the material.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, Flashvote CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NONE OF Flashvote, ANY OF ITS AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE "Flashvote PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Flashvote CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Flashvote OR VIA THE SERVICE. IN ADDITION, THE Flashvote PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE Flashvote PARTIES DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Flashvote PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE Flashvote PARTIES DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Flashvote PARTIES SPECIFICALLY DISCLAIM ANY SUCH REPRESENTATION OR WARRANTY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Flashvote PARTIES DO NOT ENDORSE ANY USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.
Limitation of Liability; Waiver
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL THE Flashvote PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Flashvote CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Flashvote PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S MOBILE DEVICE, COMPUTER OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Flashvote PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Flashvote PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Flashvote PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Flashvote'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, APPLICATION, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Flashvote PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, APPLICATION, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Flashvote PARTIES.
BY ACCESSING OR USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Flashvote IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US AND ALL OTHER Flashvote PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for which you operate an account or activity on the Service) agree to defend (at Flashvote's request), indemnify and hold harmless the Flashvote Parties from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Flashvote in the defense of any claim. Flashvote reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Flashvote.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Flashvote, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms or the use of the Service that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and Flashvote are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents ("Excluded Disputes"). This Arbitration Agreement applies to you and Flashvote, and to any affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users of the Service.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Flashvote, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Flashvote.
- Waiver of Jury Trial. YOU AND Flashvote HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Flashvote in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Flashvote WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court located in Salt Lake County, Utah.
- Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall will not waive or affect any other portion of this Arbitration Agreement.
- Small Claims Court. Notwithstanding the foregoing, either you or Flashvote may bring an individual action in small claims court.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Salt Lake County, Utah, for such purpose.
- Amendment; Survival. Flashvote reserves the right to change this Arbitration Agreement, but any such change will not apply to claims arising before the effective date of the change. This Arbitration Agreement will survive the termination of your relationship with Flashvote.
Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the Arbitration Agreement or the Excluded Disputes, you agree to resolve any dispute you have with Flashvote exclusively in a state or federal court located in Salt Lake County, Utah, and to submit to the personal jurisdiction of the courts located in Salt Lake County, Utah for the purpose of litigating all such disputes.
If any provision of these Terms is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Flashvote's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you are using the Service on behalf of an entity, you represent that you are authorized to enter into an agreement on behalf of that entity. These Terms constitute the entire agreement between you and Flashvote and governs your use of the Service, superseding any prior agreements between you and Flashvote. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Flashvote. Any purported assignment or delegation by you without the appropriate prior written consent of Flashvote will be null and void. Flashvote may assign these Terms or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Flashvote to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Flashvote provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The Service is hosted in the United States of America ("U.S."). If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from U.S. laws, please be advised that through your use of the Service, which is governed by U.S. laws, you are transferring your personal information to the U.S. and you consent to that transfer.
These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.