The following was written in English (US). In the event any translated version of the following conflicts with the English version, the English version controls.
These Terms of Service (terms) govern your access to and use of the Services on Formvote's (Formvote = Formvote.com) websites (services), and any information, text, images, or other materials uploaded, downloaded or appearing on the services (collectively referred to as content). By using or accessing Formvote, you agree to these terms.
A. You are responsible for your use of the services, for any content you post to the services, and for
any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the services and through third party services and websites (adjust Privacy Settings to control who sees your content). You should only provide content that you are comfortable sharing with others under these terms.
Your Privacy Settings are Public by default - meaning your Formvote posts are viewable by anyone with an internet connection and ready to be discussed by anyone with a Formvote account, instantly.
B. No individual under the age of fourteen (14) may use the services or provide any
information to Formvote or otherwise through the services (including name, location, number, or email address). You otherwise may only use the services if you can form a binding contract with Formvote and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
C. As Formvote evolves, these terms may change without prior notice to you.
In addition, Formvote may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may 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 without prior notice to you.
D. 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 Formvote on the services are subject to change. As Formvote grants you access to and use of the services, you agree that Formvote 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.
You own all of the content and information you post on Formvote, and you can control how it is shared through your Settings. In addition
A. For content covered by intellectual property rights, like photos and videos (IP content),
you give us the following permission. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Formvote (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
B. When you post content with your Privacy Setting set to Public, you are allowing everyone,
including people off of Formvote, to access and use that information, and to associate it with you (i.e., your name and profile picture).
C. Although we appreciate your feedback and suggestions about Formvote, you understand that
we may use them without any obligation to compensate you for them, as you have no obligation to offer them.
A. You keep the rights to any content you submit, post or display on or through our services.
By submitting, posting or displaying content on or through our services, you grant us a worldwide, non-exclusive, royalty-free (with the right to a 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).
B. You agree that this license includes the right for Formvote to make content available to
other companies, organizations or individuals who partner with Formvote 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.
A. We reserve the right at all times (but will not have an obligation) to remove or refuse to
distribute any content on the services and to terminate users or reclaim usernames without prior notice.
Review the Formvote Rules to better understand what is prohibited on the Service.
B. We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the terms (including investigation of potential violations hereof), detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, protect the rights, property or safety of Formvote, its users and the public.
C. You may not access, tamper with, or use non-public areas of the Services, Formvote's
computer systems, or the technical delivery systems of Formvote's providers.
D. You may not probe, scan, or test the vulnerability of any system or network or breach or
circumvent any security authentication measures.
E. You may not access, 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 Formvote (and only pursuant to those terms and conditions), unless you have been allowed to do so in a separate agreement with Formvote.
F. You may not 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.
G. You may not interfere with, or disrupt, (or attempt to), the access of any user, host or
network, including, without limitation, sending a virus, 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.
Formvote expects users of the services to respect the intellectual property rights of others. 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:
A. A physical or electronic signature of the copyright owner or a person authorized to act on
B. Identification of the copyrighted work claimed to have been infringed.
C. Identification of the material claimed to be infringing on the copyrighted work along with
the information needed to locate the material.
D. Your contact information, including your address, telephone number, and an email address.
E. 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.
F. A statement that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner.
G. We reserve the right to remove content alleged to be infringing without prior notice and at
our sole discretion. In appropriate circumstances, Formvote will also terminate a user's account without prior notice if the user is determined to be a repeat infringer.
A. You access and use the services and content at your own risk. You understand and agree that
the services are provided to you on an "as is" and "as available" basis. Without limiting the foregoing, Formvote Disclaims Any Warranties, Express or Implied, of Merchantability, Fitness For a Particular Purpose, or Non-Infringement.
B. Formvote will not be responsible or liable for any harm to your computer system, data loss,
or other harm that results from your access to or use of our services, or any content. You also agree that Formvote has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Formvote or through the services, will create any warranty not expressly made herein.
C. The Services may contain links to third-party websites or resources. You acknowledge and
agree that we are not responsible or liable for the actual availability or accuracy of such websites or resources. You also agree that we are not responsible or liable for the content, products, or services available from such websites and resources.
D. Links to websites or resources don't imply any endorsement by Formvote of such websites,
resources, content, products, or services available from such websites or resources. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources.
To the maximum extent permitted by applicable law, Formvote and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses resulting from
A. Your access/use or inability to access/use the services
B. Any conduct or content of any third party on the services, including without limitation,
any defamatory, offensive or illegal conduct of other users or third parties.
C. Any conduct or content of any third party on the services, and unauthorized access, use
or alteration of your transmissions or content, whether based on warranty, contract, tort (negligence included) or any other legal theory, whether or not Formvote has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
A. Since some jurisdictions don't allow the exclusion of warranties or the exclusion or
limitation of liability for consequential or incidental damages, the limitations above might not apply to you.
B. Formvote's failure to enforce any right or provision of these terms will not be deemed a
waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these terms will remain in effect.
A. These terms and any action related thereto will be governed by the laws of the State of
Florida without regard to or application of its conflict of law provisions or your state or country of residence.
B. All claims, legal proceedings or litigation arising in connection with the services will be
brought solely in Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If accepting these terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
exclusive agreement between Formvote and you regarding the services (excluding any for which you have a separate agreement with Formvote that is explicitly in addition or in place of these terms), and these terms supersede and replace any prior agreements between Formvote and you regarding the services. Other than members of the group of companies of which Formvote is the parent, no other person or company will be third party beneficiaries to the terms.
B. We may revise these terms as needed. The most current version will always be found on this
page. If we make a change to this policy that, in our sole discretion, is very significant, we will notify you via the email associated with your account. By continuing to access or use the services after those changes become effective, you agree to be bound by the revised terms.
C. If you have any questions about these terms, please contact us.
Last Updated: August 1st, 2012