Welcome to World Voting Booth (referred to as "WVB"). WVB provides
voting administration for groups of various sizes.
By clicking on "Register Me" and using the Services, you agree, without
limitation or qualification, to be bound by, and to comply with, these
Terms and Conditions.
You acknowledge and agree that WVB may terminate your access to any of the
Service should you fail to comply with the Terms and Conditions. Any such
termination shall be in WVB's sole discretion and may occur without any
notice. WVB further reserves the right to terminate any user's access to
for any conduct that WVB, in its sole discretion, believes may be directly
or indirectly harmful to other users, to WVB or to other third parties, or
for any conduct that violates any local, state, federal, or foreign laws
or regulations. WVB reserves the right to terminate any user's access to
the WVB for any reason, in WVB's sole discretion, without any notice.
The Services will require the user to register and provide certain
data. In consideration of use of such Services, in registering and
providing such data, you represent and warrant that the information
about yourself is true, accurate, current, and complete as required by
the WVB
registration form. All WVB registrations become the exclusive property of
WVB. Under no circumstances does WVB provide any information submitted to
any third party for any reason. See
Privacy Policy for details.
In cases where you have authorized a minor to use the WVB, you recognize
that you are fully responsible for the online conduct of such minor;
controlling the minor's access to and use of the Services; and the
consequences of any misuse by the minor.
You are responsible for maintaining the confidentiality of the vote
question number, the vote password, the user password and ID, and
are fully responsible for all activities that occur under the use of these. You
understand that you are fully responsible for the security of your vote
and that WVB has no means for fully ensuring the security of your vote. You agree
to immediately notify WVB of any unauthorized use of your password or
account or any other breach of security. The WVB cannot and will not be
liable for any loss or damage arising from your failure to comply with
this requirement.
THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
WVB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW,
WVB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH THE SERVICES. WVB SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WVB DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS,
LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR
MATERIAL IN THE SERVICES. WVB DISCLAIMS ANY RESPONSIBILITY FOR THE
DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIAL. WVB DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR
ANY HARM RESULTING FROM ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WVB
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND
RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WVB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WVB. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS
OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED IN THE WVB.
UNDER NO CIRCUMSTANCES SHALL WVB BE HELD LIABLE FOR ANY DELAY OR FAILURE
IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF
OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
Features of the WVB store information on behalf of users. Examples
include, but are not limited to voting and meeting information. WVB reserves the
right, in its sole discretion, to limit the amount of storage space
available per user or to delete vote question information stored for an excessive period
while the user's account has been inactive. Specifically, WVB reserves the
right, in its sole discretion, to delete any materials stored in
connection with a WVB account.
Except as expressly provided, nothing within any of the Services shall be
construed as conferring any license under any of the WVB's or any third
party's intellectual property rights, whether by implication,
waiver, or otherwise. Without limiting the generality of the foregoing,
you acknowledge and agree that certain content available through and used
to operate the WVB and the Services is protected by copyright or other proprietary rights of WVB. Except as expressly provided to the contrary, you
agree not to modify, alter, or deface any of the trademarks, service
marks, or other intellectual property made available by WVB in connection
with the Services. You agree not to hold yourself out as in any way
sponsored by, affiliated with, or endorsed by WVB. You agree not to use any of the
trademarks or service marks or other Content accessible through the WVB of
any purpose other than the purpose for which such Content is made
available to users by WVB. You
agree not to adapt, translate, modify, decompile, disassemble, or reverse
engineer the Services or any software or programs used in connection with
the Services or the WVB.
WVB charges a nominal fee for sponsoring votes with
over five voters. Under no circumstances will any fee be
refunded except as determined by WVB. User transactions with PayPal
are independent of WVB and any discrepancies therein must be resolved
between PayPal and the user.
By using the WVB web sites you agree to indemnify WVB, and employees and
hold them harmless from any and all claims and expenses, including
attorney's fees, arising from your use of the WVB web sites, your use of
the Services, or your submission of ideas and/or related materials to WVB
or from any person's use of any account or password you maintain with any
portion of the WVB, regardless of whether such use is authorized by you.
By using the WVB, using the Services, or submitting any ideas and/or
related materials to WVB, you are hereby agreeing to release WVB and its
employees from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected, disclosed
or undisclosed, that you may have against them arising out of or in any
way related to such disputes and/or to the Services or to any disputes
regarding use of ideas and/or related materials submitted to WVB. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH
RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF
CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or
relating to, your use of the WVB or the Services must be filed within one
(1) year after such claim or cause of action arises, or forever be barred.
The WVB reserves the right to modify the Services from time to time, for
any reason, and without notice, including the right to terminate the
Services. The WVB reserves the right to modify these Terms and Conditions
from time to time, without notice.
WVB' failure to exercise any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision. If a
court of competent jurisdiction holds any provision of these Terms and
Conditions to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and agree that the other provisions of these Terms and
Conditions remain in full force and effect.
You acknowledge and agree that you and WVB are independent contractors
under these Terms and Conditions, and nothing herein shall be construed to
create a partnership, joint venture, agency, or employment relationship.
Neither party pursuant to these Terms and Conditions has authority to
enter into agreements of any kind on behalf of the other nor neither party
shall be considered the agent of the other.
These Terms and Conditions shall continue in effect for as long as you use
the Services, unless specifically terminated earlier by WVB. All
provisions of these Terms and Conditions, which impose obligations
continuing in their nature, shall survive termination of these Terms and
Conditions.
WVB reserves the right to communicate with you regarding your use of the
Services.
Should you violate these Terms and Conditions or any other rights of WVB
and the WVB, WVB reserves the right to pursue any and all legal and
equitable remedies against you, including, without limitation, terminating
any and all user accounts on any and all of the WVB web sites.
Last updated April 29, 2008
