Terms of Service Use Agreement

“VoteMe” application is made by “OÜ BAMBOO GROUP” (hereinafter - Bamboo) to be exceptionally entertaining and cognitive with a focus on delivering a fun learning experience to users. “VoteMe” is a media software (application) constituting a political simulation game by means of which users will role-play their own virtual candidates running for the USA President. Neither “VoteMe” application itself, nor its developers and distributors are aimed to changing of or influencing a political regime in any country, to contributing any political powers’ overthrow, mass riots or to have any other negative impact on actual political system or order existing anywhere in the world.
“VoteMe” application is Copyright © 2011 OÜ BAMBOO GROUP, Ahtri 10B, 10151 Tallinn, Estonia (EU). All rights reserved. “VoteMe” logo rights belong to OÜ BAMBOO GROUP.
The terms of use of this agreement (hereinafter - “Agreement”) govern the relationship between you (hereinafter - “User” or “You”) and Bamboo. By using “VoteMe” application you are agreeing to comply with and be bound by the following terms of this Agreement.
Please read the conditions of this Agreement carefully before using “VoteMe” application. By accessing or using “VoteMe” application, you agree to be legally bound by this Agreement and all terms, policies and guidelines incorporated by reference in this Agreement. If you do not agree with the terms of this Agreement, you may not use “VoteMe” application.
You understand and agree that you are entering into this Agreement electronically, which will have the same force and effect as an agreement in writing. This Agreement is considered as binding for Bamboo and User from the date of electronic confirmation of User’s acceptance of this Agreement made by pushing the button “ I agree” here below.
By accepting this Agreement User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
User acknowledges and agrees that “VoteMe” application’s distributor and its subsidiaries are third party beneficiaries of this Agreement, and that, upon the User’s acceptance of the terms and conditions of this Agreement “VoteMe” application’s distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third party beneficiary thereof.

Terms & Conditions:

Bamboo hereby provides User with non-transferable license to use “VoteMe” application as permitted by the Usage Rules set forth in the “VoteMe” application’s distributor Terms of Service. Bamboo is solely responsible for providing any maintenance and support services with respect to the “VoteMe” application, under the applicable law indicated in Miscellaneous hereof.
Bamboo and User acknowledge that, in the event of any third party claim that the “VoteMe” application or User’s possession and use of that application infringes third parties intellectual property rights, Bamboo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim if otherwise is not provided in this Agreement.
The application “VoteMe” is provided to User on the following terms and conditions: Users while using the application “VoteMe” (hereinafter- Application) agrees not to transmit any message, information, data, text, software or graphic files, or other materials ("Users Generated Data") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; post or transmit any Users Generated Data that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels associated with any Users Generated Data; undertake or assist in any action that adversely affects the availability of Application to other users; post or transmit any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation applied in the country of user’s origin and USA.
USER IS SOLELY RESPONSIBLE FOR COMPLIANCE OF USERS GENERATED DATA TO PROVISIONS OF THIS AGREEMENT AND ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, RULE OR REGULATION APPLIED IN THE COUNTRY OF USER’S ORIGIN AND USA. NEITHER BAMBOO, NOR APLLICATION’S DISTRIBUTOR HAVE RESPONSIBILITY OR LIABILITY FOR IT, OR FOR ANY LOSS OR DAMAGE USERS GENERATED DATA MAY CAUSE TO OTHER PEOPLE.
Bamboo does not claim any ownership interest in Users Generated Data, but it does need the right to use Users Generated Data to the extent necessary to operate the Application. Therefore, by posting or distributing Users Generated Data to or through the Application, User represents and warrants that (i) User owns and controls all of the rights to the Users Generated Data that User posts or otherwise distributes, or User otherwise has the lawful right to post and distribute that Users Generated Data, to or through the Application; and (ii) the use and posting or other transmission of such Users Generated Data does not violate this Agreement and will not violate any rights of or cause injury to any person or entity; and (b) grant Bamboo, Application’s distributor and their affiliates and subsidiaries a worldwide, non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Users Generated Data on the Application, in the manner in and for the purposes for which the Application from time to time uses such Users Generated Data.
Users Generated Data represents the opinions and ideas of Users only, and is not endorsed, approved, or otherwise representative of the opinions of Bamboo, its owner, Bamboo’s moderators or any other stuff.
User agrees to indemnify and hold Bamboo harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Users’ violation of these terms of Agreement or arising out of Users’ violation of any rights of a third party.
Bamboo reserves the right to suspend User and/or remove comments, video, images, blog posts or profile pages that, in Bamboo’s judgment, infringe on other user’s ability to enjoy the Application. Violations that may result in removal include:
  • Personal attacks, abuse or harassment of other Users;
  • Hate speech or stereotypes that attack or disparage an ethnic, sexual, national or religious group or a member of any such group;
  • Obscenities, vulgarities or any variation of such that suggests, connotes or contains indecent, offensive or lewd speech;
  • Appeals for violence grounded on any reason, including terroristic activity’s promotion;
  • Unauthorised advertisements/promotions, spam (including multiple posts that contain the same or similar content), off-topic content, plagiarism and/or copyrighted material;
  • Any information that was recognized or claimed as improper or legally prohibited by authorized state bodies and organizations of any country where the Application was made available.
Bamboo moderators will make efforts to review Users Generated Data for inappropriateness. However, it is not realistically possible a handful of volunteers to manually review each and every one of the thousands of posts and comments generated at the Application.
Therefore if any Users sees a violation of these guidelines, he or she may click the "Report Abuse" button. Once the reports are reviewed by the Bamboo moderators they will take action. If you have questions on comments and how they are moderated, e-mail Bamboo: apps@bam-boo.mobi.

Registration & Privacy Terms

Using of Application requires User’s registration if otherwise is not indicated in what follows. Each registration is for User’s personal use only and not on behalf of any other person or entity. Bamboo does not permit (a) any other person using the registered account under User’s name; or (b) access through a single name being made available to multiple users on a network. User is responsible for preventing such unauthorized use, and User agrees to accept all risks of unauthorized access to his or her registration data and Users Generated Data.
Bamboo respects Users’ privacy and acts in compliance with norms of U.S.-EU Safe Harbor. Bamboo protects User’s personal information and adheres to all legislative requirements with respect to protecting privacy. Bamboo does not rent, sell or trade its mailing lists or records. Bamboo doesn’t have any access and doesn’t use in any manner information (including personal data) that was submitted by User and stored at facebook.com servers. The information User submits will be used to provide User with Applications’ functionality and to keep User informed and up to date on the operation of Application, including any changing of a scope of services, conditions of Applications’ use, upgrading of Application’s functional, launching of donates, charged services etc.

Disclaimer of Liability

“VoteMe” may provide (and User may include in posts) links to other web sites or resources. Bamboo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees not to hold Bamboo responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such external sites or resources.
BAMBOO DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF:
  • USER’S INCOMPLIANCE WITH ANY INTERNET LAW OR OTHER LEGAL REGULATIONS RELATED TO DOWNLOADING AND USAGE OF APPLICATION THAT ARE APPLIED TO USER;
  • USERS GENERATED DATA, INCLUDING ADVERTISING INFORMATION IF OTHERWISE IS NOT PROVIDED IN THIS AGREEMENT;
  • DISTRIBUTION BY USER OF ANY OF HIS, HER OR THIRD PARTY’S PRIVATE INFORMATION THAT WAS MADE IN HIS OR HER OWN DISCRETION VIA APPLICATION;
  • BREACH OF ANY RULES AND RIGHTS EXISTING IN A PLACE OF USER’S LOCATION (INCLUDING INTELLECTUAL PROPERTY RIGHTS) CAUSED BY DOWNLOADING AND USAGE OF APPLICATION;
  • USER’S LACK OF RIGHTS TO DOWNLOAD AND USE AN APPLICATION AND ITS USERS GENERATED DATA, INCLUDING ANY THRESHOLDS IN MAKING PAYMENTS FOR SERVICES PROVIDED WITHIN THE APPLICATION;
  • ANY BUG OR IMPROPER FUNCTIONING OF USER’S DEVICES OR LOSS OF USER’S INFORMATION CAUSED BY DOWNLOADING OR USING OF APPLICATION;
  • ANY NEGATIVE CONSEQUENCES DERIVED FROM OR RELATED WITH INACCURACY OF INFORMATION SUBMITTED OR DISPLAYED BY USER DURING THE APPLICATION’S EXPLOITATION;
  • USER’S INCOMPLIANCE WITH APPLICABLE THIRD PARTY’S (APPLICATIONS’ DISTRIBUTOR’S, MOBILE OPERATOR’S ETC.) TERMS OF AGREEMENT WHEN USING THE APPLICATION.
THE APPLICATION IS PROVIDED "AS IS" “AS AVAILABLE,” WITH “ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. USERS SHOULD NOT ASSUME THAT THIS SITE IS ERROR-FREE OR THAT IT WILL BE SUITABLE FOR THE PARTICULAR PURPOSE WHICH THEY HAVE IN MIND WHEN USING IT. IN NO EVENT SHALL BAMBOO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BAMBOO AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PLACED OR INTEGRATED INTO THE APLLICATION.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAMBOO THROUGH THE APPLICATION OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY ALSO 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 (HACKING) TO, ALTERATION OF, OR USE OF APPLICATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
In the event any claim relating to the performance or nonperformance by Bamboo pursuant to this Agreement, or in any other way concerning Application, is made by User, the actual damages to which User may be entitled shall be limited to the fees, if any, paid by User for use of Application. Bamboo does not endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement, nor for any offensive, defamatory, obscene or illegal posting or conduct, on Application, including, without limitation, all contribution features of Application, by anyone other than authorized Bamboo employees while acting in their official capacities. Under no circumstances will Bamboo, or any person or entity involved in creating, producing or distributing any content or services contained on Application, or any of their respective directors, officers, employees or agents, be liable for any loss or damage caused by your reliance on information obtained on or through Application, including, without limitation, all Bamboo’s contribution features. It is Users responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Users Generated Data available through Application, including, without limitation, all contribution features of Application. Bamboo does not endorse, warrant or guarantee any product or service offered by a third party through Application and Bamboo will not be a party to or in any way monitor any transaction between User and third parties.
Bamboo hereby warrants that it may change any part of this Agreement at any time by posting a notice of such change on blog: http://bambooapps.tumblr.com. The notice shall show the change and the date on which the change shall become a part of this Agreement and thereby become effective. User may always review the most current version of this Agreement by clicking on the “Terms of Use” link on the home page of the Application. If you do not agree with the changes, you can cancel your account without further obligation. By continuing to use Application after the posted effective date of the change, you agree to and accept the changed Agreement.

Termination of Agreement

This Agreement shall remain effective until terminated by either party. You may terminate this Agreement and your use of the Application at any time. When your account is terminated, your User Generated Data will, shortly thereafter, not appear on the Application.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Estonia, and shall be governed by and construed in accordance with the laws of the Estonian Republic (with regard to conflict of law principles) if otherwise is not required by Application’s distributors. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements may be automatically assigned by Bamboo in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Application is in conflict or inconsistent with this Agreement (except of the “VoteMe” application’s distributor regulations), this Agreement shall take precedence. Bamboo’s rights under this Agreement shall survive any termination of this Agreement.
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