Paid Voting, Inc. and/or its affiliates (collectively, “Paid Voting,” “we,” or “us”) provide services, products, and features to you when you use Paid Voting’s services, products (including software), or information (collectively, the “Paid Voting Services”), including without limitation when you make use of any technology, products, software, or services of Paid Voting, whether tangible or intangible, including the [yourdomain.com] website and application and competitions offered by Paid Voting.

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THE PAID VOTING SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH INCLUDE (WITHOUT LIMITATION) PAID VOTING’S PRIVACY POLICY (“PRIVACY POLICY”) AND THE MASTER CONTEST RULES (COLLECTIVELY, THE “AGREEMENTS”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE PAID VOTING SERVICES.

Paid Voting may, at its sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Paid Voting Services, and in any event your continued use of the Paid Voting Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes.

Wherever used in these Terms of Use, “you,” “your,” or similar terms means the person or legal entity accessing or using the Paid Voting Services. If you are accessing and using the Paid Voting Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

USE AND OWNERSHIP

Paid Voting may, in its sole discretion, prohibit any user from using the Paid Voting Services at any time for any reason. Paid Voting is not liable for any damage or loss of any kind whatsoever resulting from such prohibition.

Paid Voting reserves the right to modify or terminate the Paid Voting Services or your access to the Paid Voting Services for any reason, without notice, at any time, and without liability to you.

Paid Voting reserves the right to refuse access to the Paid Voting Services to anyone for any reason at any time.

The Paid Voting Services may include links to affiliate merchants or partners. Paid Voting does not serve third-party advertising within the Service. The manner, mode, and extent of informational or promotional placements are subject to change without specific notice to you.

You acknowledge that Paid Voting may not always identify affiliate relationships, partner placements, or commercial communications as such where not required by law.

You represent and warrant that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction, that you are at least 18 years old (or the age of majority in your state), and that you are not prohibited by applicable law from using the Paid Voting Services. The Paid Voting Services are intended for U.S. users and are void where prohibited.

All content and materials available on the Paid Voting Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Paid Voting or its licensors, and are protected by applicable intellectual property law. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative work from, sell, or re-sell any content or information obtained from or through the Paid Voting Services.

You may not use the Paid Voting Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (including without limitation federal, state, municipal and local) applicable to your use of the Paid Voting Services. You further agree not to submit any content to the Paid Voting Services that constitutes unsolicited advertising or junk or that is unlawful, threatening, abusive, harassing, defamatory, or otherwise intimidating to others.

You must not attempt to restrict another user from using or enjoying the Paid Voting Services and you must not encourage or facilitate violations of these Terms of Use or any other Paid Voting terms.

You (i) consent to receive communications from Paid Voting in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that Paid Voting provides to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and Paid Voting’s agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive Communications electronically by contacting us at support@paidvoting.com. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent or for which we do not require your consent. If you provide a mobile number, you consent to receive service and security SMS; message/data rates may apply; you may opt out at any time.

If you are using the Paid Voting Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.

You must not interfere with or disrupt the Paid Voting Services or servers or networks connected to the Paid Voting Services, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Paid Voting page is rendered or displayed in a user’s browser or device.

You must not change, modify, adapt, or alter the Paid Voting Services or change, modify, or alter another website so as to falsely imply that it is associated with the Paid Voting Services or Paid Voting.

As a condition to using certain aspects of the Paid Voting Services, you may be required to register an account and select a username and password. Should you register an account, you shall provide Paid Voting with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. Limit one account per person. Accounts may not be sold, shared, or transferred.

Voting Purchases and Credits. From time to time you may purchase voting credits or votes to support a contestant. Votes/credits are a digital service delivered immediately on purchase and are non-refundable, non-returnable, non-transferable, and have no cash value. Votes/credits may only be used within the Paid Voting Services as described at the time of purchase and cannot be redeemed for money or any monetary equivalent. Prices may change at any time; applicable taxes may be charged where required by law. We may suspend or remove votes/credits and/or accounts associated with chargebacks, payment disputes, or suspected fraud, and we may recover related costs.

Integrity and Anti-Cheating. You agree not to manipulate or attempt to manipulate voting, rankings, or outcomes by any means, including without limitation: use of bots, scripts, automation, device farms, VPN/proxy evasion, multiple/fake accounts, coordinated or incentivized artificial voting, or exploiting bugs. Paid Voting may, in its sole discretion, void votes, disqualify contestants, withhold or adjust rankings, and suspend or terminate accounts where Paid Voting suspects manipulation or violations of the Agreements. Leaderboard and vote displays are for convenience and are not final until verified under the Master Contest Rules.

Contestant Content. Contestants retain ownership of content they submit (e.g., profile and gallery photos), but grant Paid Voting and its partners a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, reproduce, adapt, publish, display, distribute, and otherwise use such content in connection with operating and promoting the Paid Voting Services and contests. Where permitted by law, contestants grant Paid Voting the right to use their name, likeness, and biographical information for contest administration and winner announcements. You represent you have all necessary rights to submit the content and that it does not infringe or violate any third-party rights or laws. Paid Voting may remove content that violates these Terms of Use or the Master Contest Rules.

Payments. Payments are processed by Stripe (or another designated processor). You authorize Paid Voting to charge your selected payment method for purchases. Paid Voting does not store full payment card numbers. If a payment fails or is reversed, Paid Voting may suspend or terminate access and/or remove associated votes/credits.

Service Changes and Outages. We may suspend, modify, or discontinue features (including during a contest round) for maintenance, security, or integrity reasons. Purchases remain non-refundable.

VIOLATION OF THESE TERMS OF USE MAY, IN PAID VOTING’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCESS TO AND USE OF PAID VOTING SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE PAID VOTING SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS OF USE, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR PAID VOTING, PAID VOTING CAN STOP PROVIDING ALL OR PART OF THE PAID VOTING SERVICES TO YOU.

THIRD-PARTY SITES

The Paid Voting Services may contain links to other websites maintained by third parties (including affiliate merchants). These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by Paid Voting.

You expressly acknowledge and agree that Paid Voting is in no way responsible or liable for any such third-party services or features.

Your correspondence and business dealings with third parties found through the Paid Voting Services are solely between you and the third party.

You may choose, at your sole and absolute discretion and risk, to use applications or features that connect the Paid Voting Services or your profile on the Paid Voting Services with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Paid Voting Services profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Paid Voting Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Paid Voting has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Paid Voting harmless for activity related to the Application.

MODIFICATIONS TO THE TERMS OF USE

Paid Voting reserves the right to change or modify any of the terms and conditions contained in these Terms of Use at any time. You acknowledge and agree that it is your responsibility to review the Paid Voting Services and these Terms of Use from time to time. Your continued use of the Paid Voting Services after such modifications to these Terms of Use will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

LIMITATION OF WARRANTIES AND LIABILITY

By using the Paid Voting Services, you understand and agree that all the Paid Voting Services are provided “as is” and “as available”. This means that we do not represent or warrant to you that:

• the use of Paid Voting Services will meet your needs or requirements;
• the use of Paid Voting Services will be uninterrupted, timely, secure or free from errors;
• the information obtained by using Paid Voting Services will be accurate or reliable; and
• any defects in the operation or functionality of any Paid Voting Services will be repaired or corrected.

Furthermore, you understand and agree that:

• any content downloaded or otherwise obtained through the use of Paid Voting Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices or for any loss of data that may result from the download of such content; and
• no information or advice, whether expressed, implied, oral or written, obtained by you from us or through any Paid Voting Services shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of the Paid Voting Services in the twelve (12) months preceding the claim.

In no event shall Paid Voting be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Paid Voting Services, the content and other information obtained therein.

Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

INDEMNIFICATION

UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THE PAID VOTING SERVICES, YOUR VIOLATION OF ANY OF THE TERMS OF USE, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PAID VOTING SERVICES.

INTERNATIONAL USE

Although the Paid Voting Services may be accessible worldwide, we make no representation that materials on Paid Voting Services are appropriate or available for use in locations outside the United States, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Paid Voting Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Paid Voting Services is void where prohibited.

GOVERNING LAW; MISCELLANEOUS

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Paid Voting Services shall be governed by the laws of the State of Wyoming, without regard to conflicts of laws. Venue for any permitted court action will lie exclusively in the state or federal courts located in Sheridan, Wyoming, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Paid Voting’s failure to insist upon or enforce strict performance of any provision of these Terms of Use 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. Paid Voting reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions, agreements, or interactions with Paid Voting.

This is the complete agreement with respect to your use of the Paid Voting Services, other than the Master Contest Rules and Privacy Policy, which are incorporated herein by reference.

Assignment & Survival. Paid Voting may assign these Terms of Use in whole or in part. Your obligations under these Terms, and the sections relating to ownership, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution, survive termination.

Export & Sanctions. You represent you are not located in, under the control of, or a national or resident of any country or person on any U.S. sanctions list, and you will comply with U.S. export control and sanctions laws.

CONTACT INFORMATION

If you have any questions or comments about our Terms of Service as outlined above, you can contact us using the contact information noted on our website paidvoting.com.