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iVote Terms of Service

Last Updated September 01, 2008.

YOU AGREE TO THIS TERMS OF SERVICE BY USING THIS APPLICATION

Welcome to iVote.com, operated by Commission Champ Advertising, Inc. ("iVote", "we" or "us"). By using the services offered on or through www.ivote.com, apps.facebook.com/internetvote (the "iVote Service"), you are agreeing to the terms and conditions listed below (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition to these Terms of Service, our Privacy Policy governs your use of the iVote Network and/or the iVote Services. You agree to iVote as a collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time at our discretion. When using a particular iVote Service, you shall be subject to any posted guidelines applicable to such services, including iVote Official Contest Rules, and any other terms or conditions applicable to iVote Services provided by or in conjunction with any of iVote's enriched content and/or service partners.

Your access to, and use of, the iVote Service is subject to the following Terms of Service and all applicable laws and regulations. By accessing and using the Service, you accept, without limitation or qualification, these Terms of Service, and acknowledge that any other agreements between you and iVote are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Service, please exit the iVote Service.

The Privacy Policy, Contest Rules and all other posted rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service please do not use iVote or any of the iVote Services, and do not register to be a member of any iVote site (s). We reserve the right, at our discretion, to change, modify, add, remove or otherwise revise portions of these Terms of Service, or any incorporated policies, rules or guidelines, at any time. Please check iVote periodically for changes. Your continued access to iVote and/or use of any iVote Services following the posting of changes to these terms (including iVote's Official Contest Rules) constitutes your acceptance of the revised Terms of Service.

Overview

This website and the various content, features and services offered on this website (collectively, the "Platform" "iVote" "us" "we" or "our"). The Platform provides access to iVote a non-partisan website/application with respondents completing surveys about social and current affairs, covering topics such as the presidential elections, Issues, topics, advertising, consumer goods. Responders will receive information from participating organizations, providers of products or services, and then receive additional promotional materials for and other information about those products and services from those providers (the "iVote Service"). Services may be offered by iVote itself, or by a third party partner/service provider. Such providers of goods and services that are participating in the Service may be referred to as "Providers". You should read this notice in conjunction with the Privacy Policy for this website which can be found on www.ivote.com.

iVote also operates one or more contests (collectively, the "iVote Contests") which comprise part of the iVote Services. In order to participate in the iVote Contests, you must register with iVote, be 18 or older, and be a resident of either the U.S. or its territories. The rules applicable to participation in the iVote Contests, which are incorporated herein by reference, may be found in the iVote Official Contest Rules located at www.ivote.com.

iVote is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. It is your full responsibility under this Terms of Service to review any laws regarding the payment and awarding of prizes in your jurisdiction prior to use of the iVote Service.

Privacy

This page will comprehensively outline our purpose and detail your privacy as a consumer. Please know that your privacy is our priority and we have implemented state-of-the- art software to protect our users. We do recognize that the information that you have provided, is your personal information, and is only intended for marketing purposes, Pursuant to iVote's Privacy Policy. We may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the iVote Services. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit will be used by iVote in accordance with the iVote Service’s Privacy Policy. Any other communication or material you transmit to the Service, such as questions, comments, suggestions or the like, will be treated as non-confidential and non- proprietary. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service or iVote’s Official Contest Rules. For more information, please see our full Privacy Policy and iVote’s Official Contest Rules.

Eligibility

To be eligible for an account, you must: 1. Be at least 18 years old, who is assigned to the e-mail address submitted on your account registration form; 2. All information submitted to the iVote in regards to your membership is truthful and accurate and that you will maintain the accuracy of this information; 3. Be physically located in a location that does not place restrictions on your participation. Your use and membership of the iVote Service is void where prohibited by law and you warrant that the iVote Service does not violate any law or regulation in your jurisdiction. Residents from Quebec are not eligible; and 4. at all times abide and agree to these Terms of Service and the Privacy Policy, and complete the registration.

Services

Accounts provide you access to the products and services described here. iVote products and services may change from time to time without notice. The current list of products and services will be listed at www.ivote.com.

Accounts

Accounts are free, and you may take part in all of the iVote Services available to members. iVote accounts, and any entries, points, rankings, other data or polling elements associated with it are the property of the iVote. Players may not transfer, rent, sell or otherwise derive value from any entries, points, rankings, or other data or polling elements associated with their account. You agree that by opening an account with the iVote that your account belongs to the iVote, that you will not attempt to derive value from it, and that it has no value, intrinsic or monetary, in any form.

Accounts for Individual Use Only

You, as the holder of your Account, are solely responsible for all obligations and, assuming your compliance with this Terms of Service, are entitled to receive all the benefits as well. You may not allow any other person to access your Account, access the Service, accept any winnings, or participate in any tournament using your Account. Your Account is not transferable to any other person. You agree to indemnify, defend, and hold the iVote harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your Account by any person.

Limitations on Accounts

You may not open more than one Account, and iVote may monitor any effort to establish multiple accounts. If discovers that you have opened more than one Account, then all additional Accounts will be closed without notice and iVote may terminate all of your Accounts. iVote may void any prizes won during a time during which you had multiple Accounts.

Account Expiration

Upon termination or expiration of an Account, your Account will expire after more than one hundred and eighty (180) days of inactivity; iVote may delete all Contest Entries, Site Standings, Refer a Friend Activities, or other Account information you may have accumulated.

Account Suspension

If iVote determines that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the iVote Service, including without limitation, engaging in any of the activities set forth above or any other contest manipulation, iVote may take such action as it sees fit, including immediately suspending, or terminating your Account, or taking legal action against you.

Account Termination

You agree that iVote, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the iVote Services, and remove and discard any submissions or other content (including Leaderboard standings within iVote, for any reason, including, without limitation, for lack of use or if iVote believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. iVote may also in its sole discretion and at any time discontinue providing the iVote Services, or any part thereof, with or without notice. Subject to any rights you may have under the Contest Rules, you agree that any termination of your access to the iVote Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that iVote may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the iVote Services. Further, you agree that iVote shall not be liable to you or any third-party for any termination of your access to the iVote Services. The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

Account Cancellation

You can cancel your iVote account at Any Time. You have the right to terminate or cancel your Account at any time. Cancellation is Sole Remedy. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with iVote. This includes, but is not limited to, any dispute related to, or arising out of: (1) any terms of this Terms of Service or iVote's enforcement or application of this Terms of Service; (2) the content or services available through the iVote Service; (3) your ability to access or use the iVote Service.

How to Cancel

You may cancel your Account by contacting support@ivote.com during our Support Hours (currently 9am-6pm Pacific Central Standard Time Monday-Sunday.

No Refunds of Prizes

Unless the iVote cancels your Account without any reason, if your Account is terminated, suspended, or canceled, no refund of tickets or prizes will be granted, and you will have no further access to you Account or anything within the iVote associated with it (such as electronic messages, user points, or entries). Active Account holders may not allow former Account holders who’s Account was terminated by the iVote to use their Accounts. Any Accounts with unresolved issues with the iVote must be settled before the iVote will allow you to register again.

Registration

In order to use certain iVote Services, or to enter iVote Sweepstakes, you must become a registered user of the iVote. You agree that iVote user names are the property of the iVote, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an iVote user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that the public may view your user name, so you should not choose a user name that personally identifies you.

If you elect to register to use the iVote Services, utilize the iVote Site (s) and/or participate in any iVote Contents, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the iVote registration form (such information being "Self Reported Data") and (b) maintain and promptly update the Self Reported Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, anytime during the Terms of Service, or iVote has reasonable grounds to suspect that such is the case, iVote has the right to suspend or terminate your account and refuse any and all current or future use and/or prizes won of iVote and/or iVote Services (or any portion thereof).

In addition to any other Self Reported Data, to register with iVote you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access iVote Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the iVote Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the iVote Services, and to ensure that you "log off" "exit" from your account at the end of each session.

Registration Data

When you register for an account, Contest Entry, with the iVote Platform, a profile will automatically be created for you and certain Registration Data will automatically be pre-populated in the my account, contest sign up, earn points, and bonus mail offers, including first name, last name, address, city,state/province, country, contact number, user name, gender, the date you registered as an iVote user, and last log on date. Existing registered users as of the date the profile pages go live will also have profile automatically generated. In addition to the aforementioned data, historical surveys or contest winnings, contests entered, and site standings, and/or other user information may be pre-populated, You may choose to add information to or delete certain information from your profile (where available), but your user name, the date you registered as an iVote user and your last log on date are required information for your profile. Your profile will also automatically display the Poll results, contests, prizes and/or iVote Contests, which you have won. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. Please note that your profile (including any messages that may have been left for you) may be viewed by other registered users, so you should not include any information in your profile that you do not want others to see.

Restrictions on Use

If you do not comply with the Terms of Service at any time, iVote reserves the right to terminate your access to all or some of the iVote Services, to disable your iVote account (s), and/or disqualify you from one or more of the iVote Contests. iVote may discontinue or alter any aspect of the iVote Services, including, but not limited to, restricting the time the iVote Services are available, restricting the amount of use permitted, and restricting or terminating any user's right to use the iVote Services, at iVote's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the iVote Services through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the iVote Services. You further certify that you are an individual and that you are 18 or older.

Use of the Platform and Service

iVote grants you permission to use the iVote Service as follows: You may use Content, but only for noncommercial, personal use. You may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without iVote’s written permission.

iVote Platform Code of Conduct

You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit via the iVote Services. iVote does not control all of the content posted on or via the iVote Platform or the iVote Services and, as such, does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. You understand that by using the iVote Platform or the iVote Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will iVote be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the iVote Platform or the iVote Services. You agree to not use the iVote Services to: upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an iVote official, support, admin or licensee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the iVote Service; solicit other users of the iVote Platform to join or become members of any online or other service; upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chat spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the iVote Platform, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the iVote Platform or servers or networks connected to the iVote Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the iVote Services; intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another member or user of the iVote Platform and/or the iVote Services; or collect or store personal data about other users, or members.

Contest Rules

iVote Service and all contests are subject to the laws governing competitions, contests, and promotions, which vary from State to State, Province to Province, and Country to Country. There is no purchase necessary to participate in any the contests available on the iVote Service. The Service's contests are void if prohibited by the law in the jurisdiction in which you are playing. You are subject to all laws of the state or province and country in which you reside and from which you access iVote and you are solely responsible for obeying those laws. You agree that iVote cannot be held liable if laws applicable to you restrict or prohibit your participation. iVote makes no representations or warranties, implicit or explicit, as to your legal right to participate in any contests offered on iVote, and no person affiliated, or claiming affiliation, with iVote has authority to make any such representations or warranties.

Winner Notification

Winners of the iVote contests with cash prizes will be notified by email, and their Account will reflect the winning ticket that they won. iVote is not responsible for late, lost, or misdirected email notifications.

Winner Verification

If you win a prize in the iVote Service, iVote will request that winners be required to agree in writing to an Affidavit of Eligibility and to provide their full name, address, city, state/province, postal code, Social Security Number (or other acceptable tax identification number) and date of birth (you must be 18 on the date in which you played a tournament), and a recent utility bill that matches the account register's full name and address, where lawful, a Liability and Publicity Release within seven (7) days of notification, or winner's prize may be forfeited. In order to be declared a winner, Canadian residents may be required to correctly answer a time-limited skill-testing question.

Claiming Prizes

iVote will send an email to the contest winner with detailed instructions on how to claim their prize. Once the contest winner is verified and the winner meets the verification process they will be mailed a check, in U.S. dollars, after a Winner requests to cash-out his/her prizes and iVote has received the winner's completed Affidavit of Eligibility and, where applicable, the Liability and Publicity Release. See Claiming Prizes Email Notification for more details regarding the prize claim process.

If you did not receive your winning email notification to claim your prize, you can email mailto:support@ivote.com.

Awarding Prizes

Failure to provide accurate account information prior to being awarded a prize. Your prize will be null and void. iVote will also review any laws regarding the payment or awarding of prizes within your jurisdiction. In the event that there are legal restrictions on the methods, amounts, or types of prizes, which you may be awarded in your jurisdiction, and the prize you won is greater in value than what you may be legally awarded, iVote will seek to award you the maximum allowable by law. FOR EXAMPLE: If you win a contest prize worth $10,000 and live in a state, province or jurisdiction which places a $500 limit on prize value, the iVote will award you prize worth $500 in total value, the maximum allowable by law.

Non-Awarding Prizes

If you win a prize in the iVote Service, iVote will request that you certify your account. In the event that there are legal restrictions, in the jurisdiction of the winner, where it is prohibited to award a winner. The prize could be null and void. FOR EXAMPLE: If you win a contest prize worth $10,000 and live in a state, province or jurisdiction which is prohibited to award a winner, iVote will NOT award you the advertised prize, but the network leaderboard listing only.

Taxes

In compliance with the Revenue Canada entrant must be a legal resident of Canada and be over the age of majority. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your province, and/or country of residence. Any valuation of the Prize stated above is based on available information provided to iVote, and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide iVote with valid identification and a valid taxpayer identification number before any Prize will be awarded. In compliance with United States Internal Revenue Service regulations, any person who wins more than $600 (USD) at iVote in any given year must complete an affidavit of eligibility that includes an IRS From W-8. iVote will send an IRS Form W-9 or other appropriate form to such person. If a person does not provide a signed W-9 by January 15 of the year following the year in which he or she won $600 or more, then such winner may forfeit their winnings. Depending on the jurisdiction in which you reside, iVote may also send you additional similar tax forms.

Unclaimed Prizes will Not be Awarded

Return of any prize or prize notification as undeliverable may result in forfeiture of the prize. If a Prize is not claimed, or if the winner is ineligible or does not provide eligibility verification, then the prize will not be awarded.

Contest Winners

Any contest winner list for any iVote event is obtainable by email support@ivote.comor posted on www.ivote.com.

Odds of Winning

The odds of winning is corresponding to the amount of points accumulated in correspondent to the other entrants. However, everyone will have the same chance of accumulating points.

Contest Structure

Please go to www.ivote.com to review each individual contest structure and prize level for each individual entry for the iVote Service. Entrys for all Members entering through mail-in entry forms (See Mail in Entry) will be issued into specific contests requested. Mail-in entries are processed within 10 business days.

Additional People Not Eligible

The following people are ineligible to receive any prize offered through the Service: employees, officers, and directors (and their immediate family members) of Block Party Media and affiliates, licensees that work directly in iVote, and any other person with access to non-public information regarding the operation of any tournament offered on iVote. "Immediate family members" are parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director. This section does not prevent employees, officers, directors, licensees, and affiliates that work directly for iVote from playing on iVote so long as such play does not result in receipt of any prizes.

No Purchase Necessary Mail-In Entry.

There is no entry fee or sign up requirement to participate in any iVote contests. The following is an alternative means of entry for obtaining Entry to iVote Contests.

1. Register and Create an Account. Register at www.ivote.com, apps.facebook.com/internetvote (no purchase is necessary).

2. Mail-in Entry. For each tournament you would like to participate in, send a 3" x 5" card placed in a #10 envelope to iVote, ATTN: MAIL IN ENTRY IVOTE CONTEST, Commission Champ Advertising Inc., 970 Burrard Street, Suite B6, Vancouver, BC, V6Z 2R4, with the following hand-written information: iVote Screen Name, Email Address associated with iVote Account, First Name and Last Name, Mailing Address (Street, City, State/Province, Postal Code and Country), Date of Birth, Specify the individual contests you would like to enter. The requested dates must be no later than 30 days from date of postage, and no earlier than 10 days from date of postage.

3. Mail-in Entry Requirements. Each 3" x 5" card must be an original. No copies, reproductions or facsimiles will be accepted. iVote will not be responsible for late, lost, stolen, misdirected, illegible, incomplete or postage-due. No more than four mail-in entries over a 30-day period will be accepted; and you may not send more than 4 entries in a single envelope. You may not be a resident of the Province of Quebec, Country of Canada.

4. Mail-in Entry Status. To check the status of mail-in entries, log in to your iVote account and view contest Entries under the My Account section or contact support@ivote.com

5. iVote Contests Entry. Mail-in entrants will receive individual contest entries in the same manner as Online Members. Mail-in entrants will only have their accounts credited for contest entries after their mail-in entries have been received and approved for the requested contest.

6. The odds of winning available prizes will be the same for mail-in entrants as online entrants.

Entry and Prize Expiration

Prizes must be claimed within 7 days from the date of the contest end date. Entries must be claimed within the contest issue date. Please see www.ivote.com for individual contest expiration.

No Automated or Programmed Participation

Any attempt to participate in any iVote contest by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the contests, may result in active pursuit of civil litigation and/or criminal prosecution, termination of your Account, and forfeiture of all prizes to which you might otherwise be entitled.

No Software Modifications

You may not attempt to modify, decompile, reverse-engineer or disassemble the iVote Software in any way.

Right to Cancel

If iVote determines, in its sole discretion, that operating or concluding a contest is not feasible for any reason, including without limitation, any of the reasons set forth in this section, then iVote may cancel such contest without notice.

Minimum Entries

iVote reserves the right to terminate or cancel a contest if such contest does not have the minimum number of users registered to participate without notice.

Technical Issues

If technical difficulties compromise the integrity or ability to continue registration or participating in contests, iVote reserves the right to terminate the contest even after the start of said contest without notice.

Computer, Internet, or Other Technology Failures or Errors

iVote is not responsible for any error, omission, interruption, deletion, defect, or delay in operations or transmission; theft or destruction or unauthorized access or alterations to the Service, computer transmissions, or for technical telephone equipment, electronic, hardware or software, network, Internet, or computer malfunctions of any kind; or inaccurate transmission of, or failure to receive information by iVote on account of technical problems or traffic congestion on the Internet.

User's Technology

iVote is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed software transmissions that may limit your ability to participate, or damage your system as a result of participation, or downloading any information necessary to participate in the contests.

Rules of Conduct

The following rules of conduct apply to all user communications on iVote. iVote reserves the right to temporarily or permanently ban users and cancel the account of users who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas.

You may not use profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words are not permitted.

You may not use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, harassing language or content of any kind.

You may not make statements that could unfairly influence the contest.

You may not type words; characters or phrases that make it difficult for others to use the chat feature.

You may not create screen names may not impersonate other user screen names.

You may not make opinions or comments attacking (flaming) individuals, companies or products.

You may not use the iVote Service to advertise or the promotion of other companies, or links to third party sites.

You may not share personal information (your name, phone number, home address, password) with others on the site.

You may not use copyrighted materials (images or text) if you do not have permission of the owner of such materials.

Rules Interpretation

This Terms of Service, the official iVote contests rules, and enforcement of the standards of conduct, will be interpreted in iVote's sole discretion, and all determinations made pursuant to these rules by iVote are final and binding.

Site Owner

The site owner of iVote is Commission Champ Advertising Inc. located at 970 Burrard Street, Suite B6, Vancouver, BC, V6Z 2R4

Contest Organizer

The Contest Organizer of iVote is Commission Champ Advertising Inc. located at 970 Burrard Street, Suite B6, Vancouver, BC, V6Z 2R4

Contest Sponsors

Any Sponsor List for any contest is obtainable by email: support@ivote.com

Unauthorized Access

Any attempt to gain unauthorized access to the iVote Service's systems or any user account, interfere with procedures or performance of the iVote Service, or deliberately damage or undermine the iVote Service is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes or ticket entries to which you are otherwise entitled.

User Communications

Any communication or material you transmit to iVote by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. iVote or its partners, and affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, iVote is free to use any ideas, concepts, know-how or techniques contained in any communication you send to iVote for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

Ownership of Content

The Service and all its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by iVote or others with all rights and reserved unless otherwise noted. Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of iVote or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibit. You are also advised that iVote will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the iVote Service are registered and unregistered Trademarks of the iVote or others. Nothing contained on the iVote Service should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the iVote Service without the written permission of iVote or such third party that owns the Trademark displayed on the iVote Service. Your misuse of any Trademark displayed on the iVote Service, including but not limited to the posting of unauthorized links of the game client, or any other content on the iVote Service, except as provided in this Terms of Service, is strictly prohibited. You are also advised that iVote will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution or civil litigation where appropriate.

Links to Third Party Services

The Site may contain links to sites owned or operated by parties other than sites contained in iVote. Such links are provided for your convenience only. iVote does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, iVote specifically disclaims responsibility if such sites: Infringe any third party’s intellectual rights; Are inaccurate, incomplete or misleading; Are not merchantable or fit for a particular purpose; Do not provide adequate security; Contain viruses or other items of a destructive nature; Or are libelous or defamatory. Neither does iVote endorse the content, or any products or services available on such sites. If you establish a link to such sites or the iVote Service, you do so at your own risk and without the permission of iVote.

Disclaimer Regarding Financial Information

iVote Services allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The iVote Services, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by iVote to be used for trading or investing purposes. iVote shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the iVote Services, and shall not be liable for any trading or investment decisions made based on such information.

Disclaimer Regarding Shopping Retailers

iVote Services provides shopping services to help you locate and potentially purchase products from online and offline retailers. iVote does not, however, control these independent retailers and iVote does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. iVote does not endorse any of the products or services linked to, from or through the iVote Services, nor has iVote taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through iVote or their own sites. iVote expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate, as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IVOTE MAKES NO WARRANTY THAT a) THE SERVICE WILL MEET YOUR REQUIREMENTS, b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, d) THE QUALITY OR AVAILABILITY OF ANY CONTESTS, SERVICES, INFORMATION, OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, iVote neither warrants nor represents that your use of any Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the iVote Service, iVote assumes no responsibility arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law, contained in any such locations on the iVote Service.

Limitation of Liability

iVote is not responsible for: any condition caused by events beyond their control that may cause the iVote Service to be disrupted or corrupted; any printing or typographical errors in any materials associated with the iVote Service or the entry process; any software or technical errors or bugs associated with the iVote Service.

Exclusion of Liability

YOUR USE OF THE IVOTE SERVICE IS AT YOUR OWN RISK. NEITHER IVOTE, NOR ANY OF ITS SUBSIDIARIES, LICENSEES, AFFILIATES, SPONSORS, ADVERTISERS, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IVOTE SERVICE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE IVOTE SERVICES AND/OR PARTICIPATE IN THE IVOTE CONTESTS ; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE IVOTE SERVICES; THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IVOTE SERVICES; OR ANY OTHER MATTER RELATING TO THE IVOTE SERVICES OR OPERATION OF THE IVOTE CONTESTS. IN NO EVENT SHALL IVOTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE IVOTE PLATFORM.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMMISSION CHAMP ADVERTISING, INC., IVOTE, ITS PARENTS, LICENSEES, AFFILIATES, SPONSORS, ADVERTISERS, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE IVOTE PLATFORM OR THE IVOTE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY IVOTE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

General Release

Each participant agrees to release and hold iVote, its parent, Partners, affiliates, subsidiaries, and affiliated companies, and the employees, officers, directors, shareholders, agents, representatives of iVote its parent, partners, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the iVote Service, the entry process, and claims based on publicity rights, defamation, or invasion of privacy, including Information you choose to disclose to others in the chat areas, message boards, or other features the are open to the public.

Governing Law and Disputes

This Terms of Service is governed by and is to be construed in accordance with the laws of Canada, province of British Columbia, irrespective of any principles of conflicts of law. You agree that any dispute that cannot be resolved between the parties will be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute will proceed only in the provincial or federal courts located in Vancouver, British Columbia, and to submit to the personal jurisdiction and venue in such courts for any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Service between you and iVote relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of iVote's successors, assigns and licensees.

Modifications to Terms of Service

These Terms of Service constitute the entire understanding between iVote and users of iVote and the iVote Services concerning the subject matter hereof and may not be modified except by revised Terms of Service posted by iVote. These Terms of Service, which may be modified or amended by iVote from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.

No failure or delay by iVote in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

These Terms of Service are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without prior written consent from iVote.

Binding Agreement

By registering for an account, using, participating in any iVote contests, or accessing any services offered on the iVote Service you are agreeing to be bound by the most current version of this Agreement. Your iVote member account and all of the contests, and services on iVote are governed by this Agreement. You are also acknowledging and agreeing that you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement.

Revisions to Agreement

If iVote revises this Agreement, such revision will be effective three (3) days after we post the new Agreement on iVote. You agree to review the Agreement periodically to become aware of such revisions. You can view the Agreement at any time by clicking on the Terms of Service link at the bottom of the iVote home page or the home page of any participating sites where you can gain access to iVote. Your continued use of the Service Three (3) days after a revised Agreement is posted on iVote will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Agreement, your only remedy is not to use the Service and to cancel your Account. Any person affiliated, or claiming affiliation, with the Service, cannot modify this Agreement on an individual basis. If any portion of this Agreement is deemed void or unenforceable, then that provision is to be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions.