The following terms and conditions govern all use of the Votline mobile application and website and all content, services and products available at or through the application and website (taken together, the App). The App is owned and operated by Ambient Place Technologies, Inc. (“the Company”). The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this App by the Company (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the App, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the App or use any services. If these terms and conditions are considered an offer by the Company, acceptance is expressly limited to these terms.
The App is available only to individuals who are at least 13 years old.
3. App Content
By operating the App, the Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of the App, or from any downloading by those visitors of content there posted.
4. Rights Reserved
The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the App (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
5. DMCA Copyright Policy
As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the App violates your copyright, you are encouraged to notify the Company in accordance with its Digital Millennium Copyright Act (”DMCA”) Policy.
The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Company or others, the Company may, in its discretion, terminate or deny access to and use of the App. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.
6. Intellectual Property
This Agreement does not transfer from the Company to you any the Company's or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Company.
The Votline name, the Votline logo, and all other trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of the Company or the Company's licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any the Company's or third-party trademarks.
The Company may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The App is provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor its suppliers and licensors, makes any warranty that the App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the App at your own discretion and risk.
9. Limitation of Liability
In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this Agreement during the twelve (12) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the App will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dallas, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you believe that content available by means of the App (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If the Company takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to the Company. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the App infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to be sent to email@example.com as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:
1. An electronic signature of the copyright owner or a person authorized to act on their behalf;
2. An identification of the copyright claimed to have been infringed;
3. A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit the Company to find and positively identify that content.
4. Your name, address, telephone number and email address; and
5. A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content.