Last Updated on 12th April 2023
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 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 Xopa Limited, and your access to this Website is with our permission. You may use this Website only for lawful purposes and in accordance with this Agreement. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website. You must not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server used by africavotes.com. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. 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 vote boosting;
- 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 "fingerprint" system used as part of this Website's voting process;
- Access, reload or refresh this Website's voting pages, or make any other request to this Website's 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 user from using or enjoying this Website is expressly prohibited.
TRANSACTION AND PROCESSING FEES
Accessing and viewing content on this Website is free of charge. However, if you choose to boost, you agree to pay the price of the boost, as well as any charges we may impose, such as convenience fees, processing fees, and other miscellaneous fees. The amount of each fee may vary depending on the specific project or boost you select, as well as the payment method you use.
We encourage you to carefully review all pages displayed during the boost process to ensure you understand all fees and charges associated with your transaction. These fees and charges will be clearly disclosed to you before you complete your purchase. If you do not agree to pay these fees or charges, you may cancel your transaction.
Please note that all fees and charges are non-refundable unless otherwise specified in our refund policy. By completing a boost, you agree to pay all fees and charges associated with the transaction, and you authorize us to charge the payment method you provided.
LINKS TO OTHER WEBSITES
africavotes.com may provide links to other websites or selected pages of non-affiliated websites. However, africavotes.com has no control over such websites, their content, products, or services, and accepts no responsibility or liability for them. By accessing or using any other website, you agree that any transactions you make or actions you take on that website are subject to that website's user agreements and privacy policies.
Please be aware that africavotes.com reserves the right to add, remove, or decline any link or icon to another website at its exclusive discretion and without notice. Therefore, you understand and agree that africavotes.com will not be held responsible or liable for any actions or transactions that you or a third party engage in on any other website.
By boosting or becoming a registered user with us, you agree to receive electronic communications from us regarding your boost or future transactions. This includes agreements, disclosures, notices, and updates to this Agreement. You consent to receive these communications electronically, and acknowledge that such electronic communication satisfies any legal requirement that a communication be in writing. Please note that you may not be able to participate in certain transactions if you do not consent to electronic communications.
In addition, by boosting or merchandise from us, or by becoming a registered user with us, you acknowledge that you have established a business or personal relationship with africavotes.com. Therefore, you consent to receive promotional email notices or advertisements from us about events, products, or services that may be of interest to you. If you do not wish to receive these emails, you can unsubscribe at any time by clicking the "unsubscribe" link in the email or by contacting us directly.
INTELLECTUAL PROPERTY RIGHTS
This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES
By using this website, you agree to do so at your own risk. You are responsible for protecting the confidentiality of any password you may use. The company, its parent company, and their respective employees, shareholders, agents, third-party content providers or licensors do not guarantee that your use of this website will be uninterrupted or error-free, and they make no warranty as to the results that may be obtained from using this website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this website. This website is provided on an "as is" basis without any express or implied warranties, except those that cannot be excluded, restricted, or modified under the laws applicable to this agreement.
The disclaimers in this agreement apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You acknowledge that neither the company nor its parent company is liable for the defamatory, offensive or illegal conduct of other users or third parties and that you assume the risk of injury from any of the foregoing.
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. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may not apply to you, but they will apply 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 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.
To access and use this Website, you are responsible for obtaining and maintaining all necessary equipment, including but not limited to telephones, internet connections, computer hardware, and any other equipment required. You will also be responsible for any charges associated with the equipment and services needed to access and use the Website.
africavotes.com places great value on the development and protection of its trademarks, service marks, and logos. All ownership rights of its trademarks are reserved by africavotes.com. Some of its trademarks and service marks include africavotes™.
You are not granted any license or right to use any trademarks, service marks or logos displayed on this Website without the prior written permission of africavotes.com, or their respective owners. Nothing contained on this Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks or logos displayed on this Website.
If you wish to seek permission to use any of africavotes.com's trademarks, service marks or logos, please contact us at [email protected].
To ensure that africavotes.com complies with the Copyright and Neighboring Rights Act of 2010, we take action upon receipt of notice of alleged copyright infringement. If you are a copyright owner or authorized representative and believe that a user has submitted or uploaded material that infringes your copyright in Uganda, you may notify us in accordance with the Act by providing us 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 infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the 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 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 concerning alleged infringements to [email protected]. We take these matters seriously and will promptly investigate and take appropriate action as required by law.
This Website may contain content provided by third parties, including opinions, advice, statements, services, offers, or other information. Such content is the sole responsibility of the respective authors or distributors and does not necessarily represent the views of africavotes.com. While we make every effort to ensure the accuracy, completeness, and usefulness of such content, we do not guarantee its accuracy, merchantability, or fitness for any particular purpose. Moreover, 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 acting in their official capacities.
In the event that we confirm that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may take appropriate actions to enforce our rights and remedies, without prior notice to you. Such actions may include, but are not limited to, canceling any pending transactions you have with us and restricting or denying your access to our Website and services, including any services we provide through channels other than the Internet.
You acknowledge and agree that a breach of this Agreement may cause irreparable harm to the Company for which monetary damages would not be a sufficient remedy, and therefore, you consent to injunctive or other equitable relief as a remedy for any alleged breach. Our rights and remedies under this Agreement are cumulative and in addition to any other rights and remedies available to us at law or in equity.
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