1. Preamble

The Voting4Victory, MMag. Piotr Waclaw Stolarzewicz, located at A-3001 Mauerbach, Auf der Sulz 78, (hereinafter referred to as “V4V”), offers an effective and credible voting method (hereinafter referred to as the “APP”). V4V intends to offer the APP to private users but also users who use the APP for business purposes (hereinafter referred to as “USER”)

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.

2. Scope of Application

This TERMS OF USE defines and regulates the procurement, use and exploitation of the APP as well as the related business and administrative activities if the USER uses the APP for free. If, however, the USER whishes to place as “sponsored question” the specific Terms and Conditions shall apply.

3. Conditions of Use

The USER is obliged to provide genuine, comprehensive, and accurate information in the context of the business relationship and to always keep the specific information up to date. The USER has to keep all data confidential (this applies, especially to log-in data and passwords). If the USER has suspicion of a misuse by third parties, he has to immediately notify V4V thereof.

The USER has to refrain from all activities which could compromise or impair the technical operability of the APP (including cyber-attacks). Such behavior will be prosecuted legally.

The USER has to take appropriate precautions to protect the APP from unauthorized access by third parties.

The USER is responsible for setting up the necessary infrastructure in order to guarantee the intended operation of the APP. V4V is not obliged to provide any further information or advice in this respect.

4. Code of Conduct

The USER undertakes not to upload any content to the APP which, due to its content or its form or design or in any other way, violates applicable law or morality. In particular, the USER undertakes to adhere to applicable law (e.g. criminal law, competition law and law for the protection of minors) when uploading content and not to violate any third-party rights (e.g. rights to a name, trademark, copyright, image and data protection rights) or confidentiality obligations.

In particular, but not exclusively, the USER is not permitted to publish or support content which contains
– racism
– glorification of violence and extremism of any kind
– incitement and instigation to commit criminal offences and violations of the law, threats against life, limb or property
– incitement against persons or companies
– statements violating personal rights, slander, defamation and defamation of character to the detriment of users and third parties
– violations of the law of fair dealing
– content infringing copyright or infringing other intellectual property rights
– sexual harassment of users and third parties
– pornography
– offensive, sexist, obscene, vulgar, vile or disgusting material or language
– constitute, concern or include pornography.

This also applies if the respective content does not violate applicable law, the rights of third parties or morality.

The questions must not offend anyone or contain threats. The questions must be in accordance with the norms and ethics of the society.

It is also a violation of personal rights and therefore not allowed to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats which are not intended for the public. USERS may not include in their postings or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.

Scraping (web scraping, crawling) of information published in the APP is prohibited and requires the express consent of V4V.

5. Free and sponsored questions

Basically, all questions are free. However, there are questions that specifically serve opinion research, market research, advertising, science, business, politics, etc.. For this reason, V4V classifies some of them as sponsored questions and therefore charge for them. In this case, the specific Terms and Conditions are applicable.

6. Copyright

V4V allows the USER to use the APP non-exclusively, and limited in time, content, and location for the purpose of participation in a survey and for the purpose of placing a free question. The exclusive right to use and exploit the APP remains with V4V in any case.

The USER is permitted to use the APP exclusively for the purposes for which it is intended by V4V.

Sub-licensing or further licensing is only allowed with V4V’s explicit consent. A resale of the APP also requires an explicit consent of V4V.

The right to decompile the APP is excluded.

Markings of the APP, especially copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognizable.

7. Right to publish the results of surveys and right to share content

V4V is entitled to publish the results of surveys on an anonymous basis, provided that this publication does not conflict with any legitimate interests.

The USER grants V4V an irrevocable, non-exclusive, royalty-free right to use the posted content, which is unlimited in terms of space, time and content, and which is transferable to third parties. V4V is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The USER waives the right to the copyright designation.

V4V will no publish contents, if legitimate interests of the USER are injured.

8. Audit Clause

V4V has the authority to verify the license compliant usage of the APP. Irrespective of this, V4V may demand a proof from the USER, stating that the APP is used in conformity with the granted purposes. Any inquiries in connection with the usage of the APP have to be answered correctly and truthfully.

V4V is entitled to verify the compliant use of the APP by the USER at any time after period of at least 14 days notice and on site (license audit). V4V may engage the assistance of an auditor or lawyer bound to confidentiality. V4V shall respect business and trade secrets as well as data protection interests of the USER as good as possible. The license audit shall be carried out during regular business hours under protection of the operational activities of the USER. The costs incurred in this connection shall be borne by each party. The USER is obliged to provide V4V with the information required for these purposes and to cooperate with V4V in the course of the license audit. Otherwise V4V is entitled to withhold its services without any prejudice to any further legal claims.

9. Limitations of the commitments

Since no payable version is owed, V4V is under no obligation whatsoever to provide the APP. V4V reserves the right to discontinue the APP without notice. The release of the source code, user manuals or support is expressly not owed.

10. Requests for Modifications

The USER is entitled to suggest modifications to the APP. V4V is not obliged to comply with these modification requests.

11. Liability for Compensation and Warranty

Since no payable version is owed, all warranty and liability claims against V4V are excluded in their entirety. This does not apply in case of intentional damage.

Since V4V does not change or influence the questions, V4V is not liable for published questions of the USERS.

12. Obligation to indemnify and to hold harmless

In case V4V is charged by a third party due to the illegal use of the APP by the USER, the USER is obliged to indemnify and hold V4V harmless.

13. Changes to the TERMS OF USE

V4V is authorized to modify this TERMS OF USE at any time. V4V shall inform the USER about such modifications by sending the modified TERMS OF USE to the latest contact data communicated by the USER. The USER has the right to object to the modifications. If the USER does not object within 14 days after the notification about the modifications, an implicit consent to the modified TERMS OF USE is to be assumed.

14. Data Protection, and Protection of Business and Trade secrets

The disclosure of data and information to a particular business partners is allowed to the extent necessary for the fulfillment of the contractual obligations and for legitimate interests only (see Art 6 (1) lit b and lit f GDPR). Otherwise V4V and the USER are mutually obligated to maintain confidentiality about the details and data which come to their knowledge due to the present business partnership and both parties are in particular obligated to preserve the data confidentiality.

V4V draws attention to the fact that data of the USER may be processed for advertising purposes based on legitimate interests (Art 6 para 1 lit f DSGVO). The USER may object to this form of data processing at any time (Art 21 para 2 GDPR).

15. Blocking of the APP Access

If V4V has reasonable grounds to suspect that the USER is using the APP in an illegal or inappropriate way, V4V is authorized to block the access to the APP immediately and without prior notice. The possibility of further legal actions remains unaffected by such blocking.

16. Place of Jurisdiction and Applicable Law

This contractual relationship is based on Austrian law and Austrian Law shall be applicable. However, this choice of law may not result in the USER being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction is the relevant court in Vienna. If the USER is a private customer and has his domicile or habitual residence in Austria or is employed in Austria, the USER may be sued only before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.

Place of performance is the registered office of V4V.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) and national consumer arbitration boards. V4V is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

17. Miscellaneous

If any provisions of this TERMS OF USE are found to be inapplicable or invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intentions of both contracting parties as reflected in the current TERMS OF USE.

Amendments of these TERMS OF USE as well as extensions and modifications to these TERMS OF USE are only valid if they are agreed and signed in written form.

V4V advises the USER to store this TERMS OF USE permanently.

18. Additional information

The Voting4Victory application is an independent application whose purpose is to connect the community and answer the most important questions of users.
The Voting4Victory app is not affiliated with any country or government.