Last Updated on 23rd November 2022
This Agreement and use of the website is an online service provided by africavotes.com, a Xopa Limited Product (sometimes referred to herein as the "Company", "we" or "our") with a principal place of business in Uganda. The website consists of voting services, which may include access to other ticket resources, and related content provided by the Company and by third parties.
This Website is subject to the terms and restrictions contained herein and are for private personal use by consumers only ("Users"). Any other use or attempt to use this Website, or any of the services is strictly prohibited.
CHANGES IN TERMS AND CONDITIONS
PERMITTED USE OF THIS WEBSITE
This Website is the property of africavotes.com. and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
PROHIBITED USE OF THIS WEBSITE
You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users.
As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to voting;
Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware, and connections, or prohibits, denies or delays access to this Website by others;
Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;
Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company's prior written permission;
Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "QR" system used as part of this Website's ticket purchasing process;
Access, reload or refresh this Website's transactional event or ticketing pages, or make any other request to this Website's transactional servers, more than once during any two second interval; or Request more than 500 pages of this Website in any twenty-four-hour period.
You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website, any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP's, suppliers and vendors.
Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
TRANSACTION AND PROCESSING FEES
There is no fee for accessing this Website and viewing our content and the content of third parties that we display.
If you decide to boost, you agree to pay, in addition to the price for the boost, charges that we may impose, including but not limited to, convenience fees, processing fees, and other miscellaneous fees. The amount of each fee may vary, depending on the projects or boost fee you boost and the method of paymets you select to boost with.
You are urged to review all pages displayed during your completion of a boost. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
LINKS TO OTHER WEBSITES
We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with africavotes.com. Any content, product or service provided by other websites is under the exclusive control of such third parties and not africavotes.com. Your access to and use of any other Website, and any transaction in which you engage on any other website is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of africavotes.com with respect to your, or third party's actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
In addition, when you boost or merchandise from us, or when you become a registered user with us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now.
DOWNLOADING OF INTELLECTUAL PROPERTY
Other than third party materials that africavotes.com uses in accordance with applicable law and content posted by Users, africavotes.com owns all Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the "NDI Elements"). The NDI Elements are protected, without limitation, pursuant to Uganda and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any NDI Elements to any third party (including, without limitation, the display and distribution of the NDI Elements via your own or a third party website) without africavotes.com's express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the NDI Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. africavotes.com neither warrants nor represents that your use of the NDI Elements will not infringe rights of third parties.
DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES
IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS PARENT COMPANY, INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.
africavotes.com takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Some of its trademarks and service marks include africavotes.com™
Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of Tickets.com, Inc., or their respective owners.
To ensure compliance with the Copyright and Neighboring Rights Act of 2002, africavotes.com will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your Uganda copyrights, you may submit a notification in accordance to the Act by providing africavotes.com with the following information in writing:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
Your physical or electronic signature.
Please send all written correspondence of alleged infringements to, [email protected]
A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.
Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consents to injunctive or other equitable relief for any alleged breach.
We currently provide our mobile services for free, but your carrier's normal rates and fees, such as mobile access, data and text messaging fees may still apply.
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