Terms of Service for Votal

Welcome to Votal! These terms of service ("Terms") govern your access to and use of Votal's website, mobile applications, and any related services (collectively, the "Services"), so please read them carefully before using the Services.

By accessing or using the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Votal. If you do not agree to these Terms, you may not access or use the Services.

Use of Services

1.1 Eligibility

You must be at least 18 years of age and legally capable of entering into contracts to access or use the Services. If you are accessing or using the Services on behalf of a company, organisation, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and you agree to these Terms on behalf of that entity.

1.2 User Account

To access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account login credentials, and you agree not to disclose your login credentials to any third party.

1.3 Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation
To engage in any conduct that is fraudulent, misleading, or deceptive
To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
To interfere with or attempt to interfere with the proper functioning of the Services
To bypass any measures we may use to prevent or restrict access to the Services

1.4 User Content

The Services may allow you to submit, upload, publish, or otherwise make available content such as text, images, and videos ("User Content"). You retain all rights in, and are solely responsible for, the User Content you make available through the Services.

You represent and warrant that:

You own or have the necessary licences, rights, consents, and permissions to use and authorise Votal to use all intellectual property rights in and to the User Content, and to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms
The User Content does not infringe or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party
The User Content does not violate any applicable law or regulation

You grant Votal a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, modify, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Votal's business.

1.5 Feedback

If you provide Votal with any feedback or suggestions regarding the Services ("Feedback"), you grant Votal a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use and exploit the Feedback in any manner and for any purpose, without acknowledgment or compensation to you.

Proprietary Rights

The Services and all content and materials included therein, including without limitation software, text, graphics, logos, images, audio clips, video clips, and data compilations (collectively, "Votal Content"), are owned by or licensed to Votal and are protected by Australia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes any proprietary icons or graphics that are created by Votal or licensed from third-party vendors.

However, certain open-source icon images may be used in the Services under their respective open-source licences. Such open-source icon images remain subject to their original licences and are not owned by Votal. You may use these open-source icon images only as permitted by their respective licences.

Subject to these Terms, Votal grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Votal Content except as necessary to use the Services.

User Feedback and Suggestions

You may from time to time provide feedback, suggestions, or other input regarding the Services to Votal. Votal will be free to use, disclose, reproduce, licence, distribute, and exploit any such feedback or input as it sees fit, without obligation or restriction of any kind.

Votal respects your privacy and is committed to protecting your personal information. Please review our Privacy Policy at votal.org/privacy-policy for information on how we collect, use, and disclose your personal information.

Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis. Votal disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. Votal does not warrant that the services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Limitation of Liability

In no event will Votal be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with these terms or the use or inability to use the services, whether or not votal has been advised of the possibility of such damages. In no event will votal's total liability to you for all damages, losses, and causes of action arising out of or in connection with these terms or the services exceed the amount paid by you, if any, to votal during the six (6) months prior to the event giving rise to liability.

Indemnification

You agree to indemnify, defend, and hold harmless Votal, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your User Content, or your breach of these Terms.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of Victoria, without giving effect to any choice or conflict of law provision or rule.

Entire Agreement and Severability

These Terms constitute the entire agreement between you and Votal regarding the use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Votal. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Changes to Terms

Votal reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

Termination

Votal may terminate these Terms and your access to the Services at any time for any reason, without notice to you. Upon termination, you must immediately stop using the Services.

If you have any questions about these Terms, please contact us through our website or discord server. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.