Terms of Service

The following document outlines the terms of use of the VoxVote website and Services. You can also review our Privacy policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the VoxVote services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

The column on the right provides a short explanation of the terms of use and is not legally binding.

The web pages available at VoxVote.com, subdomains and linked pages (“Site”), are owned and operated by VoxVote, (“VoxVote”) a product from FleXML (www.flexml.nl) a Dutch corporation and is accessed by you under the Terms of Use described below (“Terms”).
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

By using VoxVote you agree to all the terms below.

VoxVote (“Site”) is an audience response system, a voting platform, an online feedback platform, which enables to collect live responses (“Votes”) from audiences, we do this for free with some limitations. You can compare our products here.
We also provide purchased services available on the Site (“Services”). Services include, but are not limited to, any service and/or content VoxVote makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of VoxVote. VoxVote reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. VoxVote may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for critical responses and voting results.

We develop a voting platform and provide services to create online audience measurement functionality and we will develop more features and services in the future. At times things can go wrong and the service may be interrupted. Unlikely, but sometimes things can go really wrong.

As a condition to using Services, you are required to open an account with VoxVote and use your personal email and select a password, and to provide registration information. You need to verify your registration email once during the registration process.
The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your VoxVote account.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your VoxVote account. Our passwords are salted passwords that means, we use an unique security key for scrambling and storing your password.
Services are available only to individuals who are either at least 12 years old and have a personal email address that has never been registered before as a VoxVote account.
The Services are for use by individuals or companies or education institutes who are presenting in front of an audience. Including online audiences through webcasts or streaming connections.

To fully use the services you need to create your own account, without violating other peoples' rights.

All questions and answers posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not VoxVote are entirely responsible for all Content that you post, or otherwise submit to the Site. VoxVote does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by VoxVote. By way of example, and not as a limitation, you agree not to use the Services:

• Access VoxVote events without receiving access code directly from the project owner or accessing an event without participating the (online) event.
• To abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or culture or other right of any person;
• For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
• To create or transmit unwanted ‘spam’ to any person or any URL;
• To create multiple accounts for the purpose of voting and influence voting results;
• You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To sell or otherwise transfer your profile;
• Run 2 or more data collecting projects simultaneously on the same account;

You cannot use our site to create stupid questions and collect stupid answers ( pornographic material, harass people, send spam, promote your products), and do other crazy stuff. Be reasonable and responsible, don't do anything stupid and you'll be fine.

The audience can vote on any open project. You the speaker, teacher, performer (“user”) have to communicate or distribute the PIN code for your event. The number is visisible in the preview or live screen.
Users vote anonymous over https and don’t need a user account. Voting service is available in the browser on live.voxvote.com. We do collect a unique identifier to track the results of the user, which allows us to create cross analysis over multiple events.

Voting doesn’t require an account. So it is technically save and anonymous  to ask your audience questions about your ridiculous salary increase. (80% will love your salary increase, just ask the question!)

Please read this section carefully before using our Service by submitting any Content to the site. By submitting content to the site you are granting VoxVote a worldwide, non-exclusive license to use the content and are representing and warranting to VoxVote that the content is owned or duly licensed by you, and that VoxVote is free to publish content from non paying customers or partners, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party. Simplified: data from paying customers and partners remains private data. In our free service model, all voting results are available on a public URL and voting summary results will be shared on the world wide web. Make sure that you will only publish data that is not under any embargo or contains confidential information. When becoming a client (paying customer with at least one effective purchase) or granted partner, there is a feature to hide voting results from the web. For participants in your event, there is an option to receive the results by email.

All free voting results will be available on our event browser. In the free service model you don’t have an option to hide these results. Data from paying customers and partners is yours and remains yours, where you can decide to publish or share.

VoxVote provides premium services to holders of its 'Bronze', 'Silver' or ‘Gold’ ("premium") accounts.
In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to premium account holders:

Services available to premium account holders are described on the Store page. Any feature that is not described on the store page cannot be grounds for refund of any account.
VoxVote may modify, suspend or discontinue Services provided to premium account holders at any time at its sole discretion and without prior notice. And credits bought will remain as long as the VoxVote service is operational and will never expire. One credit = one project.
VoxVote provides a free account with a set of free credits with unlimited votes to create limited number of projects with limited number of questions. If you have remaining free credits (“projects”) your recent purchased credits will be added to you remaining credits.

Credits will never expire. Free credits become part of your newly purchased credits, so if you had 5 for free, and buy 2, you have 7 credits!

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VoxVote has no control over such sites and resources, you acknowledge and agree that VoxVote 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. You further acknowledge and agree that VoxVote shall not be 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 content, goods or services available on or through any such site or resource.

Some people may post links, we are not responsible for those links.

You hereby expressly and irrevocably release and forever discharge VoxVote, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless VoxVote, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or VoxVote email and password, (iv) any violation of any rights of a third party.

We are not liable if something goes really wrong.

In no event shall VoxVote be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), (iii) your presentation or live performance is screwed up, or (iv) for any direct damages in excess of (in the aggregate) €100.

Again, we are not liable. But we may pay you €100 if our server flies into your window.

VoxVote, VoxVote.com and other VoxVote graphics, logos, designs, page headers, graphs, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of VoxVote. VoxVote’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VoxVote.
Removing or deleting the VoxVote logo from the live chart screen is not allowed. 

Please respect our trademarks and brands.

VoxVote may terminate or suspend any and all Services and/or your VoxVote account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your VoxVote account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account VoxVote will automatically remove all content posted to your account.

We may stop providing services at any time. You can stop using your account or close it at any time as well.

VoxVote reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, VoxVote will notify you by posting an announcement on the site. What constitutes a material change will be determined at VoxVote’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

If these terms of use change, we will notify you.

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind VoxVote in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. VoxVote shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VoxVote’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. VoxVote may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with Dutch laws, as if made within between two residents thereof, and the parties submit to the exclusive jurisdiction of Dutch courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Things can happen — we are not responsible.

Last updated on November 25th, 2017 (Stopped with iOS and Android native and hybrid apps).