VotTak USER AGREEMENT
Last updated: January 23rd, 2025
Your Relationship With Us
VotTak is a Platform for creating and sharing short-form videos (the “Platform”), including but not limited to: https://vottak.app (hereinafter referred to as the “website”) , App (as defined hereinbelow), and any related documentation, services; any images, logos, music, photographs and video content, software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, and all other materials and content accessible within the Apps or website that are incorporated into and form part of our App(s) and etc. (“App Content”).
You are reading the Company User Agreement (hereinafter referred to as the “Agreement”), which governs the relationship and serve as an Agreement between you and us and set forth the terms and conditions by which you may access and use the Platform.Platform is owned, managed and operated by OM NEWGEN TECHNOLOGIES PTE. LTD.
The public offer comes from OM NEWGEN TECHNOLOGIES PTE. LTD., company incorporated and acting under the laws of Singapore under the registration number 201825242M, address: 531A Upper Cross Street Nr.04-95 Hong Lim Complex, Singapore, 051531 and is subjectto the applicable law.
For convenience, the Agreement refers to the following:
- OM NEWGEN TECHNOLOGIES PTE. LTD. is referred to as “the Company,” or “We”;
- Persons using the Platform are referred to as “User,” “Users,” or “You”;
- Application is referred to as “theApp” - App VotTak -a program that is installed on a User’s device (cell phone, tablet, computer, TV, watch or other supported device) and which is integrated into its features
If You use this Platform, You agree to comply with all the terms and conditions of the Agreement. If You do not agree with the provisions of the Agreement in whole or in part, You must immediately stop using the Platform. You confirm that You are of the age provided for in Section 2 of the Agreement, fully acquainted with and accept all the terms and conditions of the Agreement without any reservations or exceptions when You perform any actions aimed at using the Platform.
The Agreement is available for review at https://vottak.app/legal/terms-of-serviceand contains all essential terms and conditions.
Acceptance of the Agreement and the installation of the Platform by the User on a device (cell phone, tablet, computer, TV, watch or other supported device) that meets the system and compatibility requirements for working with Google Play content and the creation of an account or registration (creation of an account) on the website https://vottak.app and means the conclusion of the Agreement on the terms and conditions specified herein.
By accepting this Agreement, You confirm your legal capacity under the applicable laws of the state of which You are a resident.
You also confirm that using the App installed on your device (cell phone, tablet, computer, TV, watch or other supported device) you agree to comply with all terms and conditions set forth in the Google Play policies.
2. Description of the Platform functionality
The Platform is only for people 16 years old and over.
You can use the Platform via the App and via the website. Certain functions are available only in the App. Further, not all features may be available in your country or region. Different features may be available in different versions of the Platform.
The Platform allows you to create, publish and share short-form videos and to interact with videos other users have created and interact with those videos and other users in the ways set forth in the Agreement.
- You can record or import videos into the Platform.
- You can edit videos and enrich them with filters and additional elements.
- You can also include content from other users in your videos, provided the creator of the respective video allows the use of their content for such purposes. Other users can use your content in their videos, if you allow the use of your content for such purposes.
- You can publish videos in the Platform so that other users can interact with your videos. Videos you publish publicly will be available in the App and on the website.
- You can share your videos, or videos of others that have enabled sharing, via various messaging services and on third-party social media platforms (e.g. Instagram, TikTok, Facebook, YouTube, Twitter) subject to the terms and conditions provided in this Agreement.
- You can enter a video description, tags when publishing a video.
- You can enter a short biography text and profile picture in your public User profile.
The User can interact with videos of other users of the Platform, in particular:
- You can interact with videos that other users have shared publicly or by users you follow.
- The Platform provides you with a customised “For You” page in which the Platform selects videos to show you based on what the Platform determines could be interesting for you. For further information, please see the Privacy Policy.
- The Platform provides other ways to find content for you to interact with, e.g. a list of other users’ videos on their profile, searching by category, keywords and hashtags .
The User can interact with users’ content and other users, in particular:
- Direct messages: You can send direct messages to users.
- Likes: You can like videos.
- Comments: Subject to users’ settings, you can post comments on their videos.
The Agreement can be changed by the Company without any prior notification. If changes are essential, we will make reasonable efforts to inform You in advance, including but not limited to by posting a new version of the Agreement, but you should also independently review this Agreement periodically for updates. The new version of the Agreement comes into force from the moment its posting on the Company’s website and/or in the App. If You disagree with any new provisions of the Agreement, You must stop using the website and Platform immediately.
The Company reserves the right at its discretion to amend the scope of the services, discontinue, or temporarily suspend the Platform, including for preventative maintenance work, as well as modify, adapt, improve, or enhance the Platform at any time without a prior notice. Any updates or changes will be deemed part of the Platform and subject to this Agreement.
This Agreement applies to both the website and the App. In the event that the provisions of the Agreement are not applicable to the website or the App, these provisions shall remain valid for the App or the website, respectively.
3. Account
Account registration
In order to use the Platform, You must complete a registration procedure, which automatically creates a unique account. User registration is free and voluntary. By registering on the Platform, You agree to accept all terms of this Agreement and all policies and guidelines provided for herein.
Registration is possible if the User has technical capability to access the Internet to receive the Platform online.
Registration is possible in one of the following ways:
WEB:
by User's e-mail. When registering, the User is obliged to provide accurate and up-to-date information to form an account, including login, e-mail address, password unique for each User
APP:
by logging in through the User's personal Facebook/Google account. The User can easily and quickly create an account on the Platform without setting a password, the data required for verification are pulled from Facebook/Google. You can also log in to the User's account by entering your mail and password.
The Company reserves the right to disallow the use of certain logins, as well as set the requirements for the login and password (i.e., length, allowed characters, etc.). The Company reserves the right to change the registration form fields and require the User to provide additional information. The User is obliged to keep the information he/she provides to the Company up-to-date.
The User is independently responsible for the security (resistance to guessing) of the means chosen by the User to access the account, as well as independently ensures their confidentiality. The Company prohibits the transfer of User's account data for access to any third party. In case of violation of this condition, the User is solely responsible for all actions (and their consequences) within the framework of or using the Platform under the User account, including cases when the User voluntarily transfers data for access to the User account to third parties on any terms (including under contracts or agreements). In this case, all actions within or using the Platform under the User's account shall be deemed to have been performed by the User, unless the User, in the manner prescribed by the Agreement, has notified the Company of unauthorised access to his account and/or of any breach (suspected breach) of confidentiality of his means of access to the account. The User must immediately notify the Company of any unauthorised access (i.e., not authorised by the User) to the User account and/or any violation (suspected violation) of the confidentiality of his means of access to the account on the e-mail support@vottak.app. For security reasons, the User must perform a secure shutdown of his account (using the “Exit” button) at the end of each use of the Platform. The Company is not liable for possible data loss or damage or any other consequences that may occur due to a violation of the Agreement by the User.
Blocking and Deleting account
The Company reserves the right to block or delete a User account, as well as access using any account to certain features of the Platform, and remove any content with or without notice, at any time for any reason or no reason, including:
- User's failure to comply or incomplete compliance with the terms of the Agreement, including any incorporated policies or guidelines (such as our Community Guidelines), applicable law, or as required by authorised authorities and entities;
- If the User provides incomplete or unreliable information or the Company has reason to believe that the information provided by the User is incomplete or unreliable, the Company reserves the right at its discretion to block or delete the User account and refuse to allow the User to use the Platform (or its individual functions). In particular, in case the Company has doubts as to whether the age declared by the User during registration corresponds to the age allowed by the terms of this Agreement, the Company reserves the right to block the User's account at any time without any prior notification.
- if activities occur on your account which, in our sole discretion, would or might cause damage to or impair us or our Platform or infringe or violate any third party rights (including intellectual property rights);
- due to unexpected technical or security issues or problems; or
- - if there are extended periods (from 1 year) of inactivity in your account the account is deleted automatically without the possibility of its recovery.
If the User does not agree with the blocking of his account, he has the right to contact the Company at support@vottak.app within 30 (thirty) calendar days from the date of blocking and provide the relevant supporting documents (in particular, identity documents). The Company will review them and make a decision.
If the User fails to contact the Company within 30 (thirty) calendar days from the date of blocking the account and providing supporting documents, the Company reserves the right to delete the User's account (as well as all Content available in the account) without the possibility of restoring it. If the Company, based on the explanations and supporting documents provided by the User, considers it possible to satisfy the User's complaint, it will unblock access to the User's account
Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backups of any content you value.
If you no longer want to use our Platform, you can delete your account yourself (your steps should be: Profile -> Settings -> Manage Account -> Delete Account) or request the Company delete your account by sending a request to support@vottak.app . We will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Once an account has been deleted, it cannot be restored, any information related to it, or access to the Platform using that account.
You acknowledge and agree that once your account is deleted, you lose the right to receive refunds for subscriptions and related additional features.
4. Your use of the Platform
Your access to and use of the Platform is subject to this Agreement and all applicable laws and regulations. You may not:
- access or use the Platform if you are not 16 years old, or if you are otherwise unable to agree to this Agreement;
- make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Platform, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof unless any such activities are expressly authorised by us in advance.
- distribute, publish, license, transfer, or sell, in whole or in part, any of the Platform features or any derivative works thereof.
- market, rent or lease the Platform for a fee or free of charge, or use the Platform to advertise or perform any commercial solicitation unless such activities are expressly authorised by us in advance and made in a separate agreement between the parties.
- interfere with or attempt to interfere with the proper working of the Platform, disrupt the Platform, our website or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform.
- incorporate the Platform or any portion thereof into any other program or product and, in such case, we reserve the right to refuse service, terminate accounts or limit access to the Platform at our sole discretion.
- use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Platform for commercial purposes (“screen scraping”).
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Platform.
- use or attempt to use another’s account, the Platform without authorization from Company, or create a false identity on the Platform.
- use the Platform in a manner that may create a conflict of interest for you or us or that undermine the purposes of the Platform, such as trading reviews with other users or writing or soliciting shill reviews.
- circumvent, disable or destroy security features and components that protect the Content or Platform and impede or restrict access to them, or authorise, assist or induce others to do it.
- remove watermarks, labels or other official or proprietary information, or attempt to modify content from the Platform, including to obscure or alter indications of the rights owner or source.
-
use the Platform to either intentionally, recklessly or negligently
upload, transmit, distribute, store or otherwise make available:
- any viruses, trojans, worms, logic bombs or other material that is malicious, spam or technologically harmful;
- any material that is illegal, malicious, defamatory;
- any material that offends morals or take advantage of fear or superstition;
- any material that maliciously exploits a person's credibility and lack of experience or knowledge;
- any material that shows (or constitutes propaganda for) violence and cruelty, criminal and terrorist acts, disfigured bodies, mutilation, death, disease, unaesthetic and disgusting images;
- any material that violates intellectual property rights;
- any material that promotes hatred and/or discrimination against people based on race, ethnicity, gender, religion, social status, eye color, age, property status, national or social origin, etc.;
- any material that contains insults to any person or organization, denigrate, censure or ridicule another person, their activities, name (company), goods or the Platform, trademarks;
- any material that uses the name, surname, company name, or other identification designation (including trademark) of another entrepreneur without their consent;
- any material that contains elements of child pornography, zoophilia, or any illegal actions of a sexual nature;
- any material that Incite to exploitation or pose a threat to minors;
- any material that promotes illegal activities;
- any material that advertises torrents and P2P file-exchanges;
- any material that explains the procedure for manufacturing, consuming, or otherwise using narcotic substances or their analogs;
- any material that offers promoting guns and/or explosives or other weapons;
- any material that advertises and promotes illegal drugs;
- any material that advertises materials related to human trafficking and promotion or the sale of human tissue;
- any material that contains or facilitates any fraudulent advertising practices or fraudulent misrepresentation of the Platform;
- any material that contains any form of extortion, which includes unlawfully obtaining or retaining title, assets, services, or any other assignment of rights through threats, intimidation, or coercion;
- any material that contains opinions and positions of celebrities that are not endorsed by them, and depicts, uses, or otherwise refers to any individual (whether as a private person or as a public official) or their property without that person’s consent;
- any material that any material that contains hate speech, including but not limited to, discriminatory or offensive language based on race, ethnicity, religion or gender, or other obscene language (including the “F-word);
- any material that advertises counterfeit goods or hazardous goods and services (which may cause harm to health and material or other damage);
- any material that contains fake consumer reviews and their imitation;
- any material that misleads the User (for example, material claiming or promising that a User to the website has won or will win a promotion, raffle, etc.) or imitates the interface of any applications, system notifications, software, etc. (including buttons such as “close” and “download”), which could be misleading;
- any material that promotes propaganda related to violent acts, opposition to political regimes or content that advocates violence, encourages, or calls for the overthrow of legitimate authorities, or endorses illegal activities;
- any material that promotes any form of propaganda, content or activities that encourage or support extremism, terrorism, or banditry. This includes the dissemination of materials, messages, or actions advocating violence, hatred, or support for extremist or terrorist organizations;
- any material that contains contact information (telephone numbers, contact details of messaging or IP-telephony services, website addresses, QR codes, barcodes) in text, title and image;
- any material that advertises websites that force a User to fraudulently pay for any services and/or Internet resources that aim to receive paid SMS from Users (MT subscriptions), as well as websites containing malicious software or whose purpose is to deceive Users (for example, offering file downloads, browser updates, pseudo-antivirus programs, offering “prizes” from wellknown Internet resources and other fake websites);
- any material that advertises content for misinformation or fake information, including, but not limited to, misinformation or fake information regarding COVID-19 coronavirus infection;
- promotes misuse of materials belonging to authorities, state companies/institutions/corporations and first persons of states for advertising purposes: insult to honor and dignity, as well as attraction to illegal and pirated content;
- improper use of or reference to public figures in the posted content;
- restrictions on references to public institutions and their symbols: it is strictly forbidden to refer to public institutions, to use their signs or to use public symbols in an unaltered form;
- any material that, in Company's sole judgment, is inappropriate or that restricts or inhibits any other person from using the Platform, or that may expose Company or their users to any damages or liability of any kind whatsoever.
In addition to the above, your access to and use of the Platform must, at all times, be compliant with our Community Guidelines.
The Company reserves the right to remove User content at any time and without prior notice if the content violates or potentially violates this Agreement, the Community Guidelines, third party rights (including intellectual property rights), applicable laws or regulations, or is otherwise harmful to the Platform, other users or third parties.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts and except as specifically permitted by us in these Agreement or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in this Agreement or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Platform, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Platform or on any third party service (including, without limitation, YouTube, Facebook, Instagram, Twitter or any other social media platform) to the extent that such User Content has been in any way edited or otherwise altered through the Platform.
Advertisements are generally age-appropriate for the Platform. If you see an ad that is not appropriate for the stated age group or inappropriate content that violates the terms of the Agreement, our Community Guidelines, you can complain about it by filing a complaint with Google LLC.
5. Intellectual Property Rights
Subject to your compliance with this Agreement, creating an account and payment of applicable fees, Company grants you a non-exclusive, limited, temporary, revocable, nonsublicensable and non-transferable license to access and use the Platform throughout the world, for personal use solely on the terms and conditions set forth herein (the “License”), provided that you do not (and do not allow any third party to) copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Platform, except where permitted by applicable law.
The right to use the Platform shall be deemed granted to the User, and the obligation of the rights holder to transfer the rights shall be deemed fulfilled from the moment the User installs the Mobile App on his/her device using the Google Play application and/or registers on the website.
The license to the Platform is granted on a royalty-free basis.
The User is notified that when the App is installed on the device, the mobile operator may charge for Internet usage according to the tariff.
Company (or any third party licensor) owns and retains all right, title and interest in and to the Platform. The Platform does not include any items or content that is made available to you under other terms.
The term of the License is equal to the term of the Agreement, and upon termination of the Agreement, the License is terminated. We reserve the right, at our sole discretion, at any time, with or without notice, to suspend or terminate this License for any reason, in particular, but not limited to, if you violate the terms of this Agreement or any law provisions. The License shall expire immediately upon failure to comply with the terms of this Agreement or deletion of the User account.
Company may from time to time update the Platform by providing enhancements or improvements to its functionality (e.g. upgrades, new features, bug fixes). You understand and agree that any updates and modifications of the Platform are considered an integral part of the Platform and are subject to this Agreement. We have no obligation to provide you with any updates or to enable any particular features and/or functionalities of the Platform to you.
The License granted hereunder, your access to and use of the website and Platform does not give you any ownership of, or any other intellectual property interest in any part of the website, Platform or any content including any specific functionalities and technologies of the Platform (including past, present and future versions) or any other intellectual property interest.
The Company and its products, related graphics, trademarks, logos, information, design, text, page content, visual interfaces, interactive features, button icons, scripts, compilations, source and object code and other materials matters to the Platform, as well as names included in or made available through the Platform are owned, managed and operated by us or one of our affiliates or are licensed to us and protected under applicable laws and international copyright, trademark, trade dress, patent, and other intellectual property rights laws and regulations to the fullest extent possible. The copying, redistribution, use or publication by you of any part of the Platform unless expressly permitted in this Agreement, is prohibited.
Except for the limited License granted to you to use the website, the Platform under this Agreement we do not grant or assign to you any license, right, title, or interest in or to the website, the Platform or any associated intellectual property rights.
User-Generated Content
Users may be permitted to upload, post or transmit or otherwise make available content through the Platform without quantity limitations, any text, photographs, videos, User’s sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) uploaded to the Platform, or otherwise made available through, the Platform (“User Content”).
Users may also overlay music, graphics, stickers, and other elements provided by Company (“Company Elements”) onto User Content and transmit this User Content through the Platform.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Platform (including via certain third party social media platforms such as Instagram, Facebook, YouTube or Twitter), or to make contact with other users of the Platform, you must comply with the standards set out at Section 4 above. You may also choose to upload or transmit your User Content, including User Content that includes Company Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in this Agreement. 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. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty
Any User Content will be considered non-confidential. You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary to any other person. When you submit User Content through the Platform, you acknowledge and agree that you are the legal owner of this User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to make available such User Content to the Platform, to transmit it from the Platform to other third party platforms, and/or to otherwise use such User Content on or through the Platform.
Except as expressly provided otherwise in this Agreement, by submitting User Content via the Platform, you hereby grant (i) us and our affiliates, agents, partners and other connected third parties an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide right and licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented for non-commercial use only.
You also grant the Company and our affiliates, agents, partners and other connected third parties non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, revocable, worldwide right and license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented for, including but not limited to: commercial use, any marketing purposes (e.g. for creating and/or publishing marketing and/or promotional materials that Company creates based on your content).
User has the right to revoke only the commercial license.;
You also grant other users of the Platform an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide right and license to use, modify, adapt, reproduce, make derivative works of, download, publish and/or transmit, and/or distribute and to authorise other users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented for the purpose of generating other User Content or viewing your User Content for entertainment or other private, non-commercial purposes.
You acknowledge, agree and explicitly consent that you waive any moral rights in the User Content and any related content and materials to which you are now or may at any future time be entitled under Copyright, Designs and Patents Act 1988, Visual Artists Rights Act of 1990, Copyright Act of 1976 and or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agrees not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such materials infringes the User's moral rights. However, if the User opts to exercise his right to be identified by indicating his name or a fictitious name (pseudonym) in these materials, the User undertakes to bear all costs incurred in the exercise of such right, including, prior to indicating the name (pseudonym), to pay the Company or the person who will have to bear such costs, the full monetary compensation for future payments of all possible costs to include his name (pseudonym) in these materials or other object where these materials are used.
You hereby irrevocably and perpetually grants the Company, its subsidiaries, agents, licensees, successors, other Users of the Platform, and assigns, the non-exclusive, royaltyfree, unrestricted, assignable, and sublicensable worldwide right and permission to use Your name*, likeness**, appearance, voice, professional and personal biographical information (if any), and other personal characteristics contained within the User Content or used in connection with the User Content, for the Company’s commercial and/or noncommercial purposes (except pornographic or defamatory) and for Users’ private, noncommercial use. This includes the right to use, reproduce, modify, adapt, publish, distribute, publicly perform, and display the Content in any and all media formats now known or hereafter developed, unless expressly prohibited by law.
*Name - name and/or surname and/or pseudonym of the User, contained within the User Content or used in connection with the User Content, for the Company's commercial and/or non-commercial purposes (except pornographic or defamatory) and for User’s private, non-commercial use.
**Likeness - means all parts of the individual’s identity, including but not limited to, the individual’s image, photograph, replica (including digital replica - a computer-generated or electronic, photo-realistic reproduction of an individual’s likeness), or other recognizable representation of an individual’s face or body, sketch, drawing, quotations, recordings and other aspects of the individual’s right of publicity.
You further agree not to prosecute any proceedings, claims or demands against the Company or their subsidiaries, agents, licensees, successors, and assign in respect of any uses by them of the said User Content for the purposes aforesaid.
You release and hold harmless the Company and their affiliates, agents, services providers, partners and other connected third parties from any claims, damages, or liability arising from or related to the use of the User Content and any related content and materials, including but not limited to claims for defamation, invasion of privacy, or rights of publicity.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party arising out of or in connection with such availability of your User Content through such third party services.
If You have reasonable grounds to believe that your own and/or any third party's copyright is infringement, we encourage You to notify us by sending an email to support@vottak.app.
A copyright infringement notice must contain:
- an indication of the specific subject matter infringed, or all such subject matter in a single list;
- an indication of the material deemed to be infringing or subject to infringement and to which access should be restricted, and information sufficient to locate the material on the Platform;
- provide Your contact details, including Your name and email address, for any necessary follow-up;
- an assurance that the person has a reasonable basis for suspecting that the disputed material has been used or posted without proper authorization from the right owner, his/her representative or the law;
- an assurance that the information You have provided is accurate to the best of your knowledge and that you are acting in good faith and that the person filing the complaint is actually authorised to act on behalf of the owner of the infringed right.
Counter-Notice Policy
If your content has been removed from the Platform due to a claim of copyright infringement and you believe this removal was made in error or that your use of the material is permitted by law, you may submit a counter-notice to dispute the claim. Below is the required information and process for submitting a counter-notice.
Required Information for a Counter-Notice:
- Identification of the Removed Content: Provide details of the material that was removed or disabled, including its specific URL or any other information that allows us to identify the content.
- Statement of Good Faith: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Contact Information: Include your full name, physical address, telephone number, and email address.
- Signature: A physical or electronic signature (e.g., typing your full legal name).
Submission Process:
- Submit your counter-notice by email to support@vottak.app
- If the Company, based on the explanations and supporting documents provided by the User, considers it possible to satisfy the User's complaint, the User's content will be restored.
Important Notes:
- Submitting false information in a counter-notice may result in legal consequences.
- If you are unsure of your rights, we recommend consulting an attorney before submitting a counter-notice.
We welcome your comments, suggestions or other feedback (“Feedback”) on how to improve the Platform. By submitting Feedback to us in any way, you grant us the unrestricted right, in our sole discretion, to use, disclose and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept Your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
Accordingly, by sending Feedback to us, you agree that:
- we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- you irrevocably grant us an unconditional, non-exclusive, royalty free, fully transferable (including sub-licensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
6. Indemnity
You agree to defend, indemnify, and hold harmless Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, damages, losses and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or in connection with any breach by you (or any user of your account on the Platform) of this Agreement, including but not limited to a breach of your obligations, representation and warranties.
7. EXCLUSION OF WARRANTIES
NOTHING IN THIS AGREEMENT SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU: (I) CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE; AND (II) ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE PLATFORM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PLATFORM WILL BE CORRECTED.
TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE PLATFORM EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE AGREEMENT.
8. LIMITATION OF LIABILITY
NOTHING IN THESE AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
- SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR RECEIPT OF THE PLATFORM FOR : (I) ANY LOSS OF PROFIT (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA; (V) ANY LOSS OF BUSINESS; (VI) ANY BUSINESS INTERRUPTION; (VII) ANY LOSS OF BUSINESS REPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE.
- SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE PLATFORM WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO COMPANY WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM AGAINST COMPANY; OR (II) € 100.00, WHICHEVER IS LESS.
- YOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION , WE SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE FOR ANY LIABILITY, LOSS, EXPENSE (INCLUDING LEGAL FEES), COST CLAIM OR DAMAGES WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM; ANY CHANGES WHICH WE MAY MAKE TO THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM (OR ANY FEATURES WITHIN THE PLATFORM ); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; YOUR FAILURE TO PROVIDE US WITH ACCURATE account INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR account DETAILS SECURE AND CONFIDENTIAL.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE FOR COMPLYING WITH OUR DIRECTIONS IN RELATION TO THE DELIVERY OF THE DEVICE TO US OR OUR SERVICE PROVIDERS) OR PAY YOU REASONABLE COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Users are independently responsible for the compliance of their content posted on the Platform, as applicable, in accordance with the requirements applicable legislation, the legislation of the hosting state of the Site and the state(s) of residence of the potential Audience of the Platform. The User is also responsible for third parties if the User’s publication of any content violates the right and legitimate interests of third parties, including copyright, moral rights, and other intellectual rights of third parties, and/or encroaches on their property, including, but not limited to, the prohibitions set forth in this Agreement.
You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.
We accept no liability in respect of any content or information submitted by users of the Platform and published by us, or on our behalf, on any of the Platform or elsewhere by third parties.
Users' content may contain hyperlinks to other websites on the Internet (hereinafter “Third-Party websites”). These third parties and their content are not verified for compliance with special requirements (reliability, completeness, legality, etc.) by the Company. The Company is not responsible for any information or content posted on ThirdParty websites to which the User is granted access when using the Platform (including any opinions, endorsements, and/or statements expressed on the Third-Party websites, advertising, etc.), as well as for the availability of such websites or content and the consequences of User’s use of such websites.
The Company is not responsible if the User violates the legislation on the elimination of money laundering and the financing of terrorism.
9. VotTak Premium
-
VotTak Premium (hereinafter referred to as Subscription) is only
available on the App on your device:
- 1.1 Subscription Plans: VotTak Premium offers different subscription plans, each with its own set of features. The details of the plans, including pricing and duration, are available on the App
- 1.2 Payment: Payment for VotTak Premium is processed through the Google Play associated with your device. By subscribing, you authorise to charge the applicable subscription fee to your chosen payment method.
- 1.3 Automatic Renewal: Unless canceled, your subscription will automatically renew at the end of the subscription period. You can manage your subscription and disable auto-renewal in your app store account settings.
- 1.4 Refunds: Subscription fees are non-refundable, and no refunds or credits will be provided for partially used subscription periods.
-
VotTak Premium Features
- 2.1 Verified Badge: Subscribers to VotTak Premium will receive a verified badge on their profile, indicating their premium status.
- 2.2 Ad-Free Experience: Enjoy an ad-free viewing experience while using VotTak Premium.
-
Account Verification
- 3.1 Verified Badge: The verified badge provided to VotTak Premium subscribers is meant to signify the premium status and does not imply verification of the User by Company. Company reserves the right to revoke the verified badge if the user violates community guidelines or this Agreement. The subscription fee will not be refunded.
-
Use of the Platform
- 4.1 Compliance with Community Guidelines: Subscribers to VotTak Premium are expected to adhere to the terms of this Agreement and all policies and guidelines provided herein. Failure to comply may result in the termination of the premium subscription without refund.
-
Termination of Subscription
- 5.1 Cancellation: You can cancel your subscription at any time through your app store account settings.
- 5.2 Termination by Company: Company reserves the right to terminate or suspend your premium subscription for violation of this Agreement, the Community Guidelines, our other policies and Google Play Rules if there is reasonable cause to believe that a violation of applicable law has occurred.
By purchasing a Subscription, you enter into a separate purchase agreement with Google Commerce Limited.
The agreement for the purchase and use of the Subscription becomes effective when you receive an email from Google confirming your purchase. Execution of the agreement begins immediately after your purchase.
Google Payments. A Google payment account is required to purchase a Subscription. You must also accept the Google Payments Terms of Use (https://payments.google.com/payments/apissecure/get_legal_document?ldo=0&ldt=buyertos&ldr=ru). When you make a purchase with a Google payment account, the Google Payments Privacy Notice (https://payments.google.com/payments/apissecure/get_legal_document?ldo=0&ldt=privacynotice) applies. You are responsible for paying all charges associated with purchases on Google Play using your Google Payments account.
You should contact Google LLC if you have any complaints about payments you have made.
By subscribing to VotTak Premium, you acknowledge that you have read, understood, and agree to these terms of use.
10. Privacy Policy
The Company restricts access to the personal information of the Users. All Platform Users are required to comply with the Company's Privacy Policy. By using the Platform, you agree to be bound by the Company's Privacy Policy.
The Company does not collect, disclose, or use any personal data of individuals under the age of 16. If the Company is provided with any information that it is processing the personal data of individuals under the age of 16, the Company will immediately take steps to remove any personal information belonging to mentioned individuals.
Each Party, with respect to any personal data provided by the other Party, shall:
(a) Strictly follow the other Party's instructions regarding the processing of such personal data under this Agreement. Adequate technical and organizational measures shall be taken to prevent unauthorised or unlawful processing of personal data, as well as accidental loss, destruction or damage of data.
(b) Comply with any reasonable requirements of the other Party to ensure compliance with the measures set out in this paragraph. If the receiving Party receives a request, complaint or correspondence from an individual, regulator or third party regarding the processing of Personal Data in connection with the services provided, the receiving Party shall promptly notify the other Party.
Both Parties undertake to cooperate in good faith in resolving such matters.
11. Term and Termination
This Agreement will remain in full force and effect as long as you continue to visit the Platform, use the Platform and keep your account active.
12. Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Company or you (or any other user) under this Agreement or the Google Play Terms.
13. Final Provisions
Open Source. The Platform contain certain open source software. Each item of open source software is subject to its own applicable license terms.
All possible disputes arising from the relationship governed by this Agreement are resolved in the manner prescribed by the applicable law.
If a dispute arises between You and Us, the goal of the Company is to provide the User with a neutral and cost-effective means to resolve the dispute quickly. A pre-trial claim procedure is mandatory – in the event of a dispute, we recommend that You first contact us at support@vottak.app to try to resolve Your problem directly with us. The deadline for processing a claim is 30 (thirty) calendar days. Any dispute or claim relating in any way to your access to the Site, use of your account and/or the Platform, or otherwise arising out of or related to this Agreement that cannot be resolved directly between you and us in a pre-trial claim shall be resolved by a court in accordance with applicable law.
Nothing in the Agreement shall be construed as establishing between the User and the Company an agency, partnership, joint venture, personal employment, or any other relationship not expressly provided for by the Agreement between you.
If for any reason one or more of the provisions of this Agreement is held invalid or unenforceable, the validity or enforceability of the remaining provisions of the Agreement shall not be affected.
The Company’s lack of action in the event of any User's violation of this Agreement does not deprive the Company of the right to take appropriate actions to protect its interests later, nor does it imply that the Company waives its rights in the event of similar subsequent violations.
This Agreement is an offer, does not require bilateral signing and is valid for the Parties in the form available at https://vottak.app/legal/terms-of-service .
Should You have any questions concerning this Agreement, please contact us at support@vottak.app.