Please read the terms of service (“Terms of Service”) set forth below, as they apply to your access and use of our services, including VOTEE VERSION 1.0 mobile application software (“App”) available on our site (www.votee.com) and hosted at your applicable mobile application store (“App Site”), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (“Device”); and any of the services accessible through the App (the “Services”), that are available on the App Site or other sites of ours (“Services Sites”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
1. Other applicable terms
These Terms of Service refer to the following additional terms, which also apply to your use of our Services:
2. Information about us
The Services are provided and operated by VOTEE LIMITED ("we", “Votee” or “us”). Votee is a limited liability company registered in Hong Kong with registered number 1879522 with registered office at Votee, 19/F, Silver Fortune Plaza, 1 Wellington Street, Central, Hong Kong.
3. Changes of terms
We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.
4. Changes to our Services
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.
5. Accessing our Services
Our App and the Services are made available free of charge.
We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services.
You are also responsible for ensuring that all persons who access our Services through the App and your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
6. Your account and password
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Votee cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org.
7. Your license to use the Services
VOTEE LIMITED gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VOTEE LIMITED, in the manner permitted by these Terms of Service. Terms and conditions of your use of the App are those set out in the EULA.
8. Our Intellectual property rights
All intellectual property rights subsisting in respect of the Services belong to VOTEE LIMITED or have been lawfully licensed to VOTEE LIMITED for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
9. Your rights
The Content you submit, helps to us constantly evolve and develop the Services and helps us (and our partners) to develop further products and offerings that we believe will be of interest to you, including products or services which we may develop in the future and for which use of or user access to may be chargeable.You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Votee to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Votee for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Votee, or other companies, organizations or individuals who partner with Votee, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that whilst Votee makes every effort to maintain Votee as a private network, Content may be shared beyond Votee (particularly in the event that you allow your Votee questions and Content to be shared on other social media platforms or via email or SMS and/or you invite other non-Votee users to respond to questions (in which case such Content may be broadly and widely disseminated). If you do not have the right to submit Content for such use, it may subject you to liability. VOTEE LIMITED will not be responsible or liable for any use of your Content by Votee in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
10. Limited liability and warranty
Please read this section carefully since it limits the liability of VOTEE LIMITED and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the“Votee Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE VOTEE ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE ENTIRE LIABILITY OF THE VOTEE ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VOTEE ENTITIES EXCEED HK$1,000.
The Votee Entities shall not guarantee or assume any responsibility that:
Without limiting the generality of the foregoing, in no event will the Votee Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Votee Entities has been advised of the possibility of such loss or damages.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from Votee as set out in these Terms of Service or otherwise, you are advised to contact us at email@example.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
11. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. When you upload content, or make contact with other users of our Services, you must comply with the content standards set out in our Acceptable Use Policy (as appended hereto).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (as appended hereto). We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will VOTEE LIMITED be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
12. Content copyright policy
Votee respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Votee will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is Votee, 19/F, Silver Fortune Plaza, 1 Wellington Street, Central, Hong Kong.
13. Use of the Services
Please review the Acceptable Use Policy (as appended hereto) to better understand what is prohibited in connection with the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Votee, the Services, App, its users and the public.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Votee’s computer systems, or the technical delivery systems of Votee’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Votee(and only pursuant to those terms and conditions), (scraping the Services without the prior consent of Votee is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bombor other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
14. Linking to Us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to ourServices in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
15. Third party links and resources in our site
The links from the Services may take you to other sites or services and you acknowledge and agree that Votee has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Votee on the Services are subject to change. In consideration for Votee granting you access to and use of the Services, you agree that Votee and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Links to other websites and services do not constitute an endorsement by Voteeof such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of theseTerms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
17. Partial invalidity
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
18. Several users
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.
No waiver of any breach under these Terms of Service will amount to a waiver of any other breach. The headings in these Terms of Service are for convenience only and do not affect interpretation.
The Terms of Service will continue to apply until terminated by either you or us as follows.
You may end your agreement with us at any time for any reason by deactivating your accounts, uninstalling the App and discontinuing your use of the Servicesand/or the App. You do not need to specifically inform us when you stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or the Acceptable Use Policy (as appended hereto); (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms of Service shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 7, 8, 9, 10, 11, 16, 17, 18, 19, 20 and 21.
Nothing in this section shall affect Our rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 4.
21. Governing law and jurisdiction
These Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts
Last updated 29 February 2016
Appendix: Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our services, including our various websites, APIs, email notifications, applications buttons and widgets (the “Services”). This Acceptable Use Policy applies to all users of our Services.
Your use of our Services means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Service.
The Services are provided and operated by VOTEE LIMITED ("We" or “Votee”). We are a limited liability company registered in Hong Kong with registered number 1879522 with registered office at Votee, 19/F, Silver Fortune Plaza, 1 Wellington Street, Central, Hong Kong.
You may use our Services only for lawful purposes. You may not use our Services:
You also agree:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and notwithstanding that our Services are designed for adult use, in particular, for children) from third parties when they use any interactive service provided on our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether any service is moderated or not.
We do not knowingly permit use of the Services by children under 13. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Children who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Services (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
Spam and Abuse
You must not:
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Service upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Services.
Last updated 29 February 2016
VOTEE LIMITED (“we”, “Votee” or the “Company”) are committed to protecting and respecting your privacy, fully implementing and complying with data protection principles and all relevant provisions of the Personal Data (Privacy) Ordinance (the “Ordinance”).
We may collect and process the following data about you:
Our Sites use cookie technology to distinguish you from other users of Our Sites. This helps us to provide you with a good experience when you use the App or browse our Sites and also allows us to improve the App and our Sites. A cookie is a small data file that is transferred to your computer's or Device’s hard disk. The App and our Sites may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
Information Collection and Use
Our Services are not directed to children under 13. If you become aware that you child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
Storing Your Personal Data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.
Certain Services include social networking or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
Our Services provide a collaborative service which allows you to share information with other users across the world (including but not limited to sharing with friends on other online social media networks). Most of the information you provide us is information you are asking us to make public. This includes not only “real time input”on decisions other users are making and the metadata provided with “real time input”,such as the time when you posed a question, voted or made a suggestion, but also the friends you add and questions on which you collaborate, and many other bits of information that result from your use of the Services. Our default is almost always to make the information you provide visible for as long as you do not delete it from our Sites, but we generally give you settings to make the information more private if you want. While your questions are posed to private networks of friends you select questions and are not ordinarily searchable by search engines, your public information may nevertheless be broadly and instantly disseminated. For instance a question you posed may be searchable by search engines when you pose questions to users of other social networks and/or share information or content like photos, videos, and links with them via the Services. You should always think carefully about what you are making public.
Uses Made of the Information
We do not disclose information about identifiable individuals to our advertisers.
Finding and Adding Friends to Our Services
If you choose, you can invite friends to provide input on a decision you are making. You can do this by searching for other people with Votee accounts through (i) your contacts list, (ii) third-party social media sites, (iii) by sending them an SMS inviting them to vote on a question you have posed directly from their mobile device (whether or not they are a Votee user and pursuant to which we may send them a link inviting them to join Votee); (iii) via email (together with an invitation to join Votee); or (iv)through a search of names and usernames on the App or our Sites.
If you choose to find your friends through your Device's contacts list, then the App will access your contacts list to determine whether or not someone associated with your contact is using the Services.
If you choose to find your friends through a search of names or usernames on the App or our Sites then simply type a name to search and we will perform a search of our Services.
Note about inviting users: If you choose to invite someone to vote on a decision through the Services, you may select a person directly from the contacts list on your device and send a text or email from your personal account. We collect the names and contact information of friends invited to use the Services in this manner.
Disclosure of Your Information
We may disclose your personal information to third parties (including but not limited to service providers with whom we work to better provide our Services and who require access to such information to carry out that work on our behalf):
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Access to Information
The Ordinance gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of HK$150 to meet our costs in providing you with details of the information we hold about you.
Last updated 21 November 2013