1. Introduction
We are a social network and online platform for users of the sharing economy.
1.1. Purpose
Our mission is to connect the world's users of the sharing economy to allow them to create a network and demonstrate their reliability as well as find a range of services linked to the sharing economy. Our services are designed to promote connections and opportunity for our members by enabling you and millions of others to meet, exchange ideas, services, learn, and find opportunities in a network of trusted relationships.
1.2. Agreement
When you use our Services, you are
entering into a legal agreement and you agree to all of these terms.
You also agree to our Privacy Policy,
which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now” “Join EzyVote”, “Sign Up” or similar,
registering, accessing or using our services (including our related mobile
apps, developer platforms, premium services, or any content or information
provided as part of these services, collectively, “Services”), you are entering
into a legally binding agreement (even if you are using our Services on behalf
of a company).
This “Agreement” includes this User Agreement and the Privacy Policy, and other
terms that will be displayed to you at the time you first use certain features
as may be amended by EzyVote from time to time. If you do not agree to this
Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise
use any of our Services.
Registered users of our Services are “Members” and unregistered users are
“Visitors”. This Agreement applies to both.
2. Obligations
2.1. Service
Eligibility
Here are some promises you make to us
in this Agreement:
You're eligible to enter into this
Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined
below) or older; (2) you will only have one EzyVote account, which must be in
your real name; and (3) you are not already restricted by EzyVote from using
the Services.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16
years old for the Netherlands, (c) 14 years old for the United States, Canada,
Germany, Spain, Australia and South Korea, and (d) 13 years old for all other
countries. However, if law requires that you must be older in order for EzyVote
to lawfully provide the Services to you (including the collection, storage and
use of your information) then the Minimum Age is such older age. The Services
are not for use by anyone under the age of 13.
2.2. Your
Membership
You'll keep your password a secret.
You will not share an account with
anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try
to choose a strong and secure password; (2) keep your password secure and
confidential; (3) not transfer any part of your account (e.g., connections,
groups) and (4) follow the law and the Dos and Don'ts below. You are
responsible for anything that happens through your account unless you close it
or report misuse.
2.3. Notices and
Service Messages
You're okay with us using our websites,
mobile apps, and email to provide you with important notices. This Agreement
applies to mobile applications as well. Also, you agree certain additional
information can be shared with us.
If the contact information you
provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a
banner notice on the Service, or (2) an email sent to an address you provided,
or (3) through other means including mobile number, telephone, or mail. You
agree to keep your contact information up to date.
Please review your EzyVote.com settings to control and limit what kind of
messages you receive from us.
2.4. Messages and
Sharing
When you share information, others
can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as
your profile, slide deck, links to news articles and blogs. Information and
content that you share or post may be seen by other Members or, if public, by
Visitors. Where we have made settings available, we will honour the choices you
make about who can see content or information (e.g., sharing to a group instead
of your network, limiting your profile visibility, or not letting people know
when you change your profile, make recommendations or follow companies). Note
that other activities, such as sending a message on the EzyVote website, are by
default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and
can remove it in our sole discretion, with or without notice.
3. Rights and
Limits
3.1. Your License
to EzyVote
You own all of the content, feedback,
and personal information you provide to us, but you also grant us a
non-exclusive license to it.
We'll honor the choices you make
about who gets to see your information and content.
You promise to only provide
information and content that you have the right to share, and that your EzyVote
profile will be truthful.
As between you and EzyVote, you own the content and information that you submit
or post to the Services and you are only granting EzyVote the following
non-exclusive license: A worldwide, transferable and sublicensable right to
use, copy, modify, distribute, publish, and process, information and content
that you provide through our Services, without any further consent, notice
and/or compensation to you or others. These rights are limited in the following
ways:
a. You can end this license for specific content by deleting
such content from the Services, or generally by closing your account, except
(a) to the extent you shared it with others as part of the Service and they
copied or stored it and (b) for the reasonable time it takes to remove from
backup and other systems.
b. We will not include your content in advertisements for the
products and services of others (including sponsored content) to others without
your separate consent. However, we have the right, without compensation to you
or others, to serve ads near your content and information, and your comments on
sponsored content may be visible as noted in the Privacy Policy.
c. We will get your consent if we want to give others the
right to publish your posts beyond the Service. However, other Members and/or
Visitors may access and share your content and information, consistent with
your settings and degree of connection with them.
d. While we may edit and make formatting changes to your
content (such as translating it, modifying the size, layout or file type or
removing metadata), we will not modify the meaning of your expression.
e. Because you own your content and information and we only
have non-exclusive rights to it, you may choose to make it available to others,
including under the terms of a Creative Commons license.
You agree that we may access, store and use any information that you provide in
accordance with the terms of the Privacy Policy and your privacy settings.
By submitting suggestions or other feedback regarding our Services to EzyVote,
you agree that EzyVote can use and share (but does not have to) such feedback
for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the
law nor anyone's rights (e.g., without violating any intellectual property
rights or breaching a contract). You also agree that your profile information
will be truthful. EzyVote may be required by law to remove certain information
or content in certain countries.
3.2. Service
Availability
We may change or discontinue any of
our Services. We can't promise to store or keep showing any information and
content you've posted.
We may change, suspend or end any Service in our discretion. To the extent
allowed under law, these changes may be effective upon notice provided to you.
EzyVote is not a storage service. You agree that we have no obligation to
store, maintain or provide you a copy of any content or information that you or
others provide, except to the extent required by applicable law and as noted in
Section 3.1 of our Privacy Policy
3.3. Other Content,
Sites and apps
When you see or use others' content
and information posted on our Services, it's at your own risk.
Third parties may offer their own
products and services through EzyVote, and we aren't responsible for those
third-party activities.
By using the Services, you may encounter content or information that might be
inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise
harmful. EzyVote generally does not review content provided by our Members. You
agree that we are not responsible for third parties' (including other Members')
content or information or for any damages as result of your use of or reliance
on it.
You are responsible for deciding if you want to access or use third party apps
or sites that link from our Services. If you allow a third party app or site to
authenticate you or connect with your EzyVote account, that app or site can
access information on EzyVote related to you and your connections. Third party
apps and sites have their own legal terms and privacy policies, and you may be
giving others permission to use your information in ways we would not. Except
to the limited extent it may be required by applicable law, EzyVote is not
responsible for these other sites and apps -- use these at your own risk.
Please see Sections 2.6 and 2.7 of the Privacy Policy.
3.4. Limits
We have the right to limit how you
connect and interact on our Services.
We're providing you notice about your
intellectual property rights.
EzyVote reserves the right to limit your use of the Services, including the
number of your connections and your ability to contact other Members. EzyVote
reserves the right to restrict, suspend, or terminate your account if EzyVote
believes that you may be in breach of this Agreement or law or are misusing the
Services (e.g. violating any Do and Don'ts).
EzyVote reserves all of its intellectual property rights in the Services. For
example, EzyVote, and other EzyVote trademarks, service marks, graphics, and
logos used in connection with EzyVote are trademarks or registered trademarks
of EzyVote. Other trademarks and logos used in connection with the Services may
be the trademarks of their respective owners.
4. Disclaimer and
Limit of Liability
4.1. No Warranty
This is our disclaimer of legal
liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, EZYVOTE (AND THOSE THAT EZYVOTE WORKS WITH TO
PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS
(E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL
FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING
CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS
MAY NOT APPLY TO YOU.
4.2. Exclusion of
Liability
These are the limits of legal
liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS EZYVOTE HAS ENTERED INTO A
SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), EZYVOTE (AND THOSE
THAT EZYVOTE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR
OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES,
RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR
LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF EZYVOTE (AND THOSE THAT EZYVOTE WORKS WITH
TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND EZYVOTE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT,
NEGLIGENCE, CONTRACT, LAW) AND EVEN IF EZYVOTE HAS BEEN TOLD OF THE POSSIBILITY
OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE
LIMITS MAY NOT APPLY TO YOU.
5. Termination
We can each end this Agreement
anytime we want.
EzyVote or You may terminate this Agreement at any time with notice to the
other. On termination, you lose the right to access or use the Services. The
following shall survive termination:
• Our rights to use and disclose your feedback;
• Members' and/or Visitors' rights to further re-share
content and information you shared through the Service to the extent copied or
re-shared prior to termination;
• Sections 4, 6 and 7 of this Agreement;
• Any amounts owed by either party prior to termination
remain owed after termination.
You can visit our Help Center to learn how to close your EzyVote account.
6. Dispute
Resolution
In the unlikely event we end up in a
legal dispute, it will take place in United Kingdom courts, applying United
Kingdom law.
You agree that the laws of the United Kingdom shall exclusively govern any
dispute relating to this Agreement and/or the Services.
7. General Terms
Here are some important details about how to read
the Agreement.
If a court with authority over this Agreement finds any part of it not
enforceable, you and us agree that the court should modify the terms to make
that part enforceable while still achieving its intent. If the court cannot do
that, you and us agree to ask the court to remove that unenforceable part and
still enforce the rest of this Agreement. To the extent allowed by law, the
English version of this Agreement is binding and other translations are for
convenience only. This Agreement (including additional terms that may be
provided by us when you engage with a feature of the Services) is the only
agreement between us regarding the Services and supersedes all prior agreements
for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that EzyVote
has waived its right to enforce this Agreement. You may not assign or transfer
this Agreement (or your membership or use of Services) to anyone without our
consent. However, you agree that EzyVote may assign this Agreement to its
affiliates or a party that buys it without your consent. There are no third
party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you
notice if we do and we agree that changes cannot be retroactive. If you don't
agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses
provided in Section 10.
8. EzyVote “DOs”
and “DON’Ts.”
8.1. Dos. You agree
that you will:
• Comply with all applicable
laws, including, without limitation, privacy laws, intellectual property laws,
anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide accurate information to us and keep it updated;
• Use your real name on your profile;
• Use the Services in a professional manner.
8.2. Don'ts. You
agree that you will not:
• Act dishonestly or
unprofessionally, including by posting inappropriate, inaccurate, or
objectionable content;
• Add content that is not intended for, or inaccurate for, a
designated field (e.g. submitting a telephone number in the “title” or any
other field)
• Use an image that is not your likeness or a head-shot photo
for your profile;
• Create a false identity on EzyVote;
• Misrepresent your identity in using the EzyVote rating
• Misrepresent your affiliations with a person or entity,
past or present;
• Misrepresent your identity, including but not limited to
the use of a pseudonym;
• Create a Member profile for anyone other than yourself (a
real person);
• Invite people you do not know to join your network;
• Use or attempt to use another's account;
• Harass, abuse or harm another person;
• Send spam or other unwelcomed communications to others;
• Scrape or copy profiles and information of others through
any means (including crawlers, browser plugins and add-ons, and any other
technology or manual work);
• Act in an unlawful, libelous, abusive, obscene,
discriminatory or otherwise objectionable manner;
• Disclose information that you do not have the right to
disclose (such as confidential information of others);
• Violate intellectual property rights of others, including
patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Violate the intellectual property or other rights of EzyVote,
including, without limitation, using the word “EzyVote” or our logos in any
business name, email, or URL except as provided in the Brand Guidelines;
• Use EzyVote invitations to send messages to people who
don't know you or who are unlikely to recognize you as a known contact;
• Post any unsolicited or unauthorized advertising, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation unauthorized by EzyVote;
• Send messages to distribution lists, newsgroup aliases, or
group aliases;
• Post anything that contains software viruses, worms, or any
other harmful code;
• Manipulate identifiers in order to disguise the origin of
any message or post transmitted through the Services;
• Create profiles or provide content that promotes escort
services or prostitution.
• Creating or operate a pyramid scheme, fraud or other
similar practice;
• Copy or use the information, content or data of others
available on the Services (except as expressly authorized);
• Copy or use the information, content or data on EzyVote in
connection with a competitive service (as determined by EzyVote);
• Copy, modify or create derivative works of EzyVote, the
Services or any related technology (except as expressly authorized by EzyVote);
• Reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for the Services or any related technology,
or any part thereof;
• Imply or state that you are affiliated with or endorsed by EzyVote
without our express consent (e.g., representing yourself as an accredited EzyVote
trainer);
• Rent, lease, loan, trade, sell/re-sell access to the
Services or related any information or data;
• Sell, sponsor, or otherwise monetize a EzyVote Group or any
other feature of the Services, without EzyVote's consent;
• Deep-link to our Services for any purpose other than to
promote your profile or a Group on EzyVote (as set forth in the Brand
Guidelines), without EzyVote's consent;
• Remove any copyright, trademark or other proprietary rights
notices contained in or on our Service;
• Remove, cover or obscure any advertisement included on the
Services;
• Collect, use, copy, or transfer any information obtained
from EzyVote without the consent of EzyVote;
• Share or disclose information of others without their
express consent;
• Use manual or automated software, devices, scripts robots,
other means or processes to access, “scrape,” “crawl” or “spider” the Services
or any related data or information;
• Use bots or other automated methods to access the Services,
add or download contacts, send or redirect messages;
• Monitor the Services' availability, performance or
functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating
the appearance or function of the Services;
• Access the Services except through the interfaces expressly
provided by EzyVote, such as its mobile applications and EzyVote.com
• Override any security feature of the Services;
• Interfere with the operation of, or place an unreasonable
load on, the Services (e.g., spam, denial of service attack, viruses, gaming
algorithms); and/or
9. Complaints
Regarding Content
We respect the intellectual property rights of
others. We require that information posted by Members be accurate and not in
violation of the intellectual property rights or other rights of third parties.
We provide a policy and process for complaints concerning content posted by our
Members.