1.1 Thanks for choosing Vote! These are our general terms and conditions pursuant to which Vote (hereinafter also referred to as “we”, “us” or “our”) provides Customers, Users and Audience (hereinafter “you”) access to our Services. You who are a member of the Audience accept these Terms before you interact with a Survey.
1.2 By accepting the Terms when using the Services you receive a non-exclusive, non-transferable right to use the tool. There is no licence needed for using Vote.
2.1 You are responsible for providing Vote with all the information that is necessary for us to be able to provide you with the Services and our other obligations set forth herein.
2.2 Vote is never liable for your Internet connection and the network that is being used to gain access to, and make use of, the Application. It is your responsibility to arrange for and fulfill the technical requirements needed to use our Services, such as to have the equipment and software required for the performance of the Application.
2.3 You shall ensure that (i) any and all User Data as well as your software is free of viruses, trojans, worms or other harmful software codes, (ii) User Data as well as your software is in a format suitable for the Application and (iii) that your software and/or User Data cannot in any other way, harm or adversely affect Vote's systems, Websites or Application.
2.4 You are responsible to ensure that your log-in information, security procedures and other information, which is used to access/use the Application, is kept confidential and treated as confidential information. You agree to immediately inform Vote if any unauthorized person has obtained knowledge of such information.
2.5 You agree not to copy, decompile, decrypt or deconstruct the Application (or any software or code that is included in the Application) or try to derive or create source code from the Application and you also agree not to circumvent or try to circumvent the security measures of the Application set out by Vote.
2.6 To the extent the Terms does not state differently, you are responsible for back-ups of User Data.
2.7 You are liable for the Surveys you create and responsible for all User Data and other data you submit to our Services.
2.8 You agree not to use and to ensure that the Application is not used in an inappropriate or illegal manner; such as, but not limited to, posting pornographic, offensive, racist, harassing or otherwise unlawful or inappropriate material in the Surveys or Application or by registering and/or using a alias reflecting any of the above. Vote reserves the right to, without warning, cancel your right to use our Services if you do this. We also reserve the right to (i) investigate and take appropriate action against anyone who violates, or is suspected of violating, these Terms, including removing any content or reclaiming your alias at any time, and/or reporting you to law enforcement authorities and (ii) disclose all kinds of data supplied to our Services, if we receive a request for information and this is required by mandatory applicable laws, governmental regulations or rules, or by any orders of court or competent authority or arbitral tribunal.
2.9 If you are accessing or using the Services in connection with your employment, you confirm that you are authorized to bind your company/employer to these Terms and any references herein to you will refer to both you and your company/employer, as applicable.
2.10 Vote is intended to be a business tool. If you are younger than 16 years old, you must be represented by your parents or guardians to agree to these Terms and to use the Application.
2.11 We reserve the right to limit your access to the Services if you fail to comply with these Terms or if the provision of the Services might lead to more than a minor damage for Vote or any third party.
3.1 To begin with, our Services are provided "as is" and “as available”, and Vote does not warrant, either express or implied, that the Services will perform without errors and/or without interruptions.
3.2 Despite the above, we will to the extent possible and commercially reasonable try to rectify faults in the Application as promptly as the circumstances require, as decided by us in our sole discretion. A fault in the Application shall mean a deviation from the description of the current version of the Application and major deviations from generally applicable norms for software equivalent to the Application. Votes's responsibility to rectify faults liability does neither include faults that are of no significance for the intended use of the Application and do not cause you any inconvenience nor faults is Third Party Applications as mentioned below.
3.3 Faults in the Application are most likely rectified by means of a correction or by the provision of instructions on how to circumvent the fault. To be able to claim the existence of a fault for which Vote is liable, you shall report it to us within a reasonable period of time after discovery of the fault. You will need to state, and if necessary show, how the fault manifests itself.
3.4 If there is a fault in a Third Party Application and we are unable to rectify the fault ourselves, we will report this to the relevant Third Party Application supplier with the intent to install any solution received from said Third Party Application supplier if this can be done without having an adverse effect on the Application or without any other negative effects for Vote. Over and above this, Vote has no liability for faults in Third Party Applications.
3.5 If we have not rectified a fault with the promptness that the circumstances require, you, as a Customer, will not have any right to economic compensation.
4.1 Protecting personal data is extremely important to us. We only collect and use the personal data we need in order to provide you with our Services in accordance with and for the purposes described in our data privacy information. The data privacy information addresses how we collect personal data and what we collect as well as how the data is used, stored and shared. You will also find information about the processors we use in our Services. Please review our data privacy information with it's containing chapter 3 "Cookies, Sessions" for full information on how we handle your personal data as well as the cookies we use and how we maintain an appropriate level of security.
4.2 When it comes to personal data included in User Data, Vote is a processor and you are the controller. As the controller, you are solely responsible for the collection, storing, processing and management of such personal data being in compliance with all Data Protection Laws. Vote will only store the data as a result of your use of the Services.
4.3 We never sell or grant anyone access to survey data or User Data for other purposes than just fulfilling delivery of the Services under these Terms.
Both we and you hereby undertake to retain in confidence and not to disclose to any third party any confidential information and data received from the other party. Confidential information shall mean any information whether technical, commercial or of other kind, regardless of it being documented or not. Such information may, however, be disclosed if such disclosure is necessary to allow a party, or its employees to (i) defend against litigation, (ii) to file and prosecute patent applications, (iii) to comply with law and governmental regulations or any orders of court or competent authority or arbitral tribunal or (iv) to comply with applicable stock exchange regulations or the regulations of any other recognized marketplace. Confidentiality in accordance with this provision shall not apply to information which (i) is in the public domain; (ii) comes into the public domain through no fault of the receiving party; (iii) was known prior to its disclosure by the receiving party, as evidenced by written records; (iv) is disclosed in accordance with these Terms or with the other party’s prior written consent, or (v) is disclosed to the receiving party by a third party having a lawful right to make such disclosure.
6.1 Vote strives to keep the Application available to such a large extent as possible, but since we want to provide an updated and maintained Application, Vote shall always have the right to disconnect the Application for service and upgrading without giving you prior notice and cannot be held liable for downtime or other technical complications.
6.2 We also reserve the right to (i) implement new updates and versions of the Application and (ii) conduct for example A/B testing or other actions for improvement purposes, to the extent deemed appropriate and suitable by us. Vote intends to give you notice before updates or maintenance of the Application that will lead to more than minor disruptions in the Services.
7.1 Vote shall never be held liable for any indirect, incidental, or consequential damages, including without limitation, any loss of profits, data or income, arising out of or in connection with these Terms or your use of the Services.
7.2 Vote assumes no liability whatsoever for any losses, damages or costs caused by: (i) User Data or other content and information submitted by you and your Audience when using our Services; (ii) faults, non-conformities and lacking performance in your software, hardware or Internet connection; (ii) corruption or destruction of data or other damages caused by viruses related to your computer system(s), hardware, software or other equipment; (iii) faults occurred as a result of a) downtime or other technical complications (other than what is specifically stated in Section 3 (Faults in the Application)) or b) any of the reasons stated in Section 6 (Service availability, Maintenance, Testing and Downtime) and/or Section 8 (Force Majeure); (iv) faults caused by your or a third party’s changes to or interference with the Application, or any other circumstances for which you or a third party is liable or that are in some other way beyond Vote's control; and/or (v) the loss, destruction, unavailability, alteration or disclosure of User Data caused by you or a third party, even though if a third party causes this we will of course use all commercially reasonable efforts to restore the lost or damaged User Data from the latest back-ups that are maintained by us.
7.3 You agree to indemnify and hold Vote harmless for all damages, costs and expenses caused by (i) your breach of the Terms, (ii) any User Data or other content and information submitted by you and your Audience when using our Services and (iii) you breaking applicable law or causing an infringement of a third party’s rights.
Vote shall be excused from the performance of any of its obligations to you under the Terms if the performance thereof is prevented or delayed by any cause beyond Vote’s control, such as, but not limited to, riots, fire, flood, natural disasters, wars, accidents, acts of terrorism, sabotage, strikes, embargo or other government actions. We shall in case of such events of force majeure promptly notify you and furnish you with relevant information thereof.
Notice of termination or other communication shall be sent by YAM.
The Terms constitute the entire agreement between the parties and supersedes all prior written or oral agreements between the parties. There Terms are agreed with the usage of our Service, despite of as a creator of a survey or as a particpant.
We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be seen one vote.telekom.net so make sure to check the terms that apply at the time of your use. Notice of amendments may also be posted to Vote's YAM-Page. Changes will be effective no sooner than the day they are posted on our website or on YAM. In order for certain changes to become effective, applicable law may require us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to these Terms, you should stop using the Services, because by continuing to use the Services you accept to be bound by the updated terms.