TERMS AND CONDITIONS OF USE

Updated 2/11/2022

Welcome to www.FestiVoteApp.com, as operated by FestiVote, Inc. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that tries to avoid legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities. 

We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products at help [at] FestiVoteApp.com.

1.0 Site Services

We agree to provide you with service services, “Service” through www.FestiVoteApp.com and the FestiVote mobile application. In exchange for providing this service, we require you to follow these rules:

  1. You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf. 
  2. Don’t use the Site to do anything illegal or break the rules in our terms of use. 
  3. Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
  4.  Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
  5.  Don’t encourage anyone to break these rules.
  6. Use your common sense, and be a good human. 
  7. Don’t post anything violent, or anything that promotes violence or violent groups, or that might make other people feel scared. 
  8. Don’t post content that contains nudity, sexual violence, or commercial sexual services. 
  9. Don’t post content that promotes crime or anything that would break US law.
  10. Do not post content related to certain regulated goods, like selling or trading non-medical drugs, firearms, pharmaceutical drugs, or marijuana.
  11. Don’t bully anyone or post anything defamatory, discriminatory, or mean-spirited comment about people. By bullying, we mean making a degrading statement about someone or someone’s religion, race,  sexual orientation, gender, national/ethnic origin, or other targeted groups. Don’t post inappropriate media or media that threatens someone. If you wouldn’t say it to someone’s face, you shouldn’t say it on the Site. 
  12. Don’t post personal or private information about someone else. This includes someone’s contact information like their phone number, address, email, location, or other private details. 
  13. Don’t post stuff that doesn’t belong to you or infringes upon someone else’s intellectual property. 
  14. Don’t use anybody else’s account without their permission or try to find out their login details. 
  15. Don’t let anyone else use your account. Keep your password secret. 
  16. Don’t set up an account with someone else’s name, including a famous person or company. If you lie when you set up an account, you can be kicked off forever. 
  17. Don’t use any type of software or robot to create accounts or access the Site and Services, and don’t use it to send spam or unwanted messages to others.
  18. Don’t register an account if your previous account was disabled or you were kicked off for violating our rules.
  19. Don’t register for an account if you are not allowed to under any other applicable rules or laws in your jurisdiction. 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

2.0 Your Rights 

2.1 You have the right to feel safe using Site. 

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy for details. 

2.3 Any communications made through our contact page, survey, web forms, comments, newsletter sign-up or other pages, kiosk or mobile device/tablet, or directly to us through phone, mail or email is not confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by the United States law, and we will not give credit or pay royalties for any user-generated content. 

We reserve the right to republish or distribute anything you upload to our site as reasonable in the course of our business. You agree not to submit any content that could be illegal or which serves an unlawful purpose, including, but not limited to, content that is potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

2.4 If you are a resident of the EU, you have the right to be forgotten and can delete your account and the content on your page at any time by logging in and completing a delete request. It may take a few days to process and may be visible by others in the meantime. Some of your content that was on other accounts or pages or that was shared may survive and may not be deletable. Please think before you post. We may also keep your registration information for as long as we need to do to run our business and to follow these rules.

2.5 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any media, images, music, audio, or photos. If you post something you shouldn’t and get a fine for any copyright infringement, you will have to pay it. 

3.0 Our Rights

3.1 We are not responsible for the following:

  1. Links to other companies or websites, even when the link shows up in Site
  2. What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights. 
  3. The data cost on your mobile device for using Site or its services. 
  4. Any content that is stolen or copied from the Site by someone else.

3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money or providing some sort of value. 

3.3 We can make you switch your username for any reason. 

3.4. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. The Company will provide support and attempt to fix any issues that may affect the backups of Content. You understand that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. Sometimes stuff happens – always have a backup.

4.0 Intellectual Property Rights 

4.1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our media and content (or the media and content of other third parties, including film owners, production companies, actors, etc.) or to try and remove it, change it, or claim to be us without written permission. 

  1. A) Not permitted Use: You may NOT use intellectual property in any unauthorized way, which includes copying and pasting any Content found on the Site, screenshotting or reposting an image, or recording any media (including but not limited to any films, shorts, discussions, or exhibitions) without permission). NOT ALL SHARING IS CARING. We, and the creators we serve, have invested a lot of time and money into creating our intellectual property and we respect intellectual property rights—as should you. Karma is real:don’t steal. 

  1. b) Permitted Use: You MAY share information within the Site or Application, as available, and can use the app’s social media sharing features, as applicable to share your votes, participation in events, or share your own information from the Application. 

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at help [at] festivoteapp.com  and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at help [at] festivoteapp.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

5.0 This Agreement 

5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win. 

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid. 

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement. 

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement. 

5.5 No one else besides you and us (no third parties) have rights under this agreement. 

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons. 

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

 

6.0. Advertising, Affiliates and Testimonials

This site may use advertising or  affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary. 

7.0 Refunds & Payment Collection

We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully. 

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.  FestiVote, Inc reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.

 Example:

$100due              May 1
$101.50                   due              May 15
$103.03                  due              May 16
To Collections                            June 15

 

After 30 days of outstanding payment, FestiVote, Inc reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs, including reasonable attorney’s fees.

8.0  Limits on Liability

8.1 Site operates as is, and we can’t guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We are not responsible for the results, timing, or publication of any voting and only provide voting data “as is” to the organizers of any events. We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms. 

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages  connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months. 

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent. 

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise. 

9.0 How We Will Handle Disputes

9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, we agree that any dispute arising out of the Site or Service will not be decided by a judge or jury but instead by a single arbitrator in a binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about FestiVote, FestiVote App, FestiVote Services, information, software, other services, or products. The arbitrator may only resolve disputes between you and FestiVote and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of other parties. In other words, class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Any arbitration decision shall be final and non-appealable unless the parties hereto mutually agree otherwise in writing before a final decision by the arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having in personam and subject matter jurisdiction. Each Party hereto hereby submits to the jurisdiction of the highest court of the State of Florida for the purpose of confirming any such award and entering judgment thereon and for purposes of any equitable or injunctive relief. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. Either Party may elect to take an individual dispute to small claims court. In such small claims case, the prevailing Party’s attorney fees shall be recoverable up to three thousand dollars ($3,000.00).  The following claims don’t have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or your efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Florida or a state court located in Florida. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9.3 The laws of the State of Florida , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential.

For questions about this policy, you can email us at
help [at] festivoteapp.com.