Terms & Conditions
Pageant Vote is an online voting solution used by Pageant Organizers worldwide for their fanvoting and also known as People’s Choice Award.
By accessing or using the Pageant Vote website, the Pageant Vote service, or anyapplications (including mobile applications) made available by Pageant Vote (together, the"Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use").The Service is owned or controlled by Pageant Vote. These Terms of Use affect your legalrights and obligations. If you do not agree to be bound by all of these Terms of Use, do notaccess or use the Service.
There may be times when we offer a special feature that has its own terms and conditionsthat apply in addition to these Terms of Use. In those cases, the terms specific to the specialfeature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPTOUT AND EXCEPT FOR CERTAIN TYPESOF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THATDISPUTES BETWEEN YOU AND PAGEANT VOTE WILL BE RESOLVED BY BINDING,INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ACLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.
Basic Terms
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You must be at least 13 years old to use the Service.
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You may not post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
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You are responsible for any activity that occurs through your account and you agree
you will not sell, transfer, license or assign your account, followers, username, or anyaccount rights. With the exception of people or businesses that are expresslyauthorized to create accounts on behalf of their employers or clients, Pageant Voteprohibits the creation of and you agree that you will not create an account for anyoneother than yourself. You also represent that all information you provide or provided toPageant Vote upon registration and at all other times will be true, accurate, currentand complete and you agree to update your information as necessary to maintain itstruth and accuracy.
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You agree that you will not solicit, collect or use the login credentials of other PageantVote users.
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You are responsible for keeping your password secret and secure.
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You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate
people or entities and you must not post private or confidential information via theService, including, without limitation, your or any other person's credit card information,social security or alternate national identity numbers, nonpublic phone numbers ornonpublic email addresses.
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You may not use the Service for any illegal or unauthorized purpose. You agree tocomply with all laws, rules and regulations (for example, federal, state, local andprovincial) applicable to your use of the Service and your Content (defined below),including but not limited to, copyright laws.
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You are solely responsible for your conduct and any data, text, files, information,usernames, images, graphics, photos, profiles, audio and video clips, sounds, musicalworks, works of authorship, applications, links and other content or materials(collectively, "Content") that you submit, post or display on or via the Service.
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You must not change, modify, adapt or alter the Service or change, modify or alteranother website so as to falsely imply that it is associated with the Service or PageantVote.
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You must not access Pageant Vote's private API by means other than those permittedby Pageant Vote.
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You must not create or submit unwanted email, comments, likes or other forms ofcommercial or harassing communications (a/k/a "spam") to any Pageant Vote users.
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You must not use domain names or web URLs in your username without prior writtenconsent from Pageant Vote.
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You must not interfere or disrupt the Service or servers or networks connected to theService, including by transmitting any worms, viruses, spyware, malware or any othercode of a destructive or disruptive nature. You may not inject content or code orotherwise alter or interfere with the way any Pageant Vote page is rendered ordisplayed in a user's browser or device.
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You must comply with Pageant Vote's Community Guidelines, available below
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You must not create accounts with the Service through unauthorized means, includingbut not limited to, by using an automated device, script, bot, spider, crawler or scraper.
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You must not attempt to restrict another user from using or enjoying the Service andyou must not encourage or facilitate violations of these Terms of Use or any otherPageant Vote terms.
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Violation of these Terms of Use may, in Pageant Vote's sole discretion, result intermination of your Pageant Vote account. You understand and agree that PageantVote cannot and will not be responsible for the Content posted on the Service and youuse the Service at your own risk. If you violate the letter or spirit of these Terms ofUse, or otherwise create risk or possible legal exposure for Pageant Vote, we can stopproviding all or part of the Service to you.
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Pageant Organizers will be liable for all information, images and links provided on theirvoting pages. Pageant Vote will not be liable for any information posted by theorganizer
General Conditions
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We reserve the right to modify or terminate the Service or your access to the Servicefor any reason, without notice, at any time, and without liability to you.
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Upon termination, all licenses and other rights granted to you in these Terms of Usewill immediately cease.
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We reserve the right, in our sole discretion, to change these Terms of Use ("UpdatedTerms") from time to time. Unless we make a change for legal or administrativereasons, we will provide reasonable advance notice before the Updated Termsbecome effective. You agree that we may notify you of the Updated Terms by postingthem on the Service, and that your use of the Service after the effective date of theUpdated Terms (or engaging in such other conduct as we may reasonably specify)constitutes your agreement to the Updated Terms. Therefore, you should review theseTerms of Use and any Updated Terms before using the Service. The Updated Termswill be effective as of the time of posting, or such later date as may be specified in theUpdated Terms, and will apply to your use of the Service from that point forward.These Terms of Use will govern any disputes arising before the effective date of theUpdated Terms.
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We reserve the right to refuse access to the Service to anyone for any reason at anytime.
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We reserve the right to force forfeiture of any username for any reason.
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We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
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You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Pageant Vote is not responsible or liable for theconduct of any user. Pageant Vote reserves the right, but has no obligation, to monitoror become involved in disputes between you and other users. Exercise common senseand your best judgment when interacting with others, including when you submit orpost Content or any personal or other information.
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There may be links from the Service, or from communications you receive from theService, to thirdparty web sites or features. There may also be links to thirdparty websites or features in images or comments within the Service. The Service also includesthirdparty content that we do not control, maintain or endorse. Functionality on theService may also permit interactions between the Service and a thirdparty web site orfeature, including applications that connect the Service or your profile on the Servicewith a thirdparty web site or feature. For example, the Service may include a featurethat enables you to share Content from the Service or your Content with a third party,which may be publicly posted on that third party's service or application. Using thisfunctionality typically requires you to login to your account on the thirdparty serviceand you do so at your own risk. Pageant Vote does not control any of these thirdpartyweb services or any of their content. You expressly acknowledge and agree thatPageant Vote is in no way responsible or liable for any such thirdparty services orfeatures. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRDPARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU ANDTHE THIRD PARTY. You may choose, at your sole and absolute discretion and risk,to use applications that connect the Service or your profile on the Service with athirdparty service (each, an "Application") and such Application may interact with,connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use anApplication to share information, you are consenting to information about your profileon the Service being shared; (ii) your use of an Application may cause personallyidentifying information to be publicly disclosed and/or associated with you, even ifPageant Vote has not itself provided such information; and (iii) your use of anApplication is at your own option and risk, and you will hold the Pageant Vote Parties(defined below) harmless for activity related to the Application.
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You agree that you are responsible for all data charges you incur through use of theService.
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We prohibit crawling, scraping, caching or otherwise accessing any content on theService via automated means, including but not limited to, user profiles and photos(except as may be the result of standard search engine protocols or technologies usedby a search engine with Pageant Vote's express consent).
Rights
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Pageant Vote does not claim ownership of any Content that you post on or through theService. Instead, you hereby grant to Pageant Vote a nonexclusive, fully paid androyaltyfree, transferable, sublicensable, worldwide license to use the Content thatyou post on or through the Service, subject to the Service's Privacy Policy, availablehere http://pageantvote.net/info/privacypolicy
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Some of the Service is supported by advertising revenue and may displayadvertisements and promotions, and you hereby agree that Pageant Vote may placesuch advertising and promotions on the Service or on, about, or in conjunction withyour Content. The manner, mode and extent of such advertising and promotions aresubject to change without specific notice to you.
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You acknowledge that we may not always identify paid services, sponsored content, orcommercial communications as such.
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You represent and warrant that: (i) you own the Content posted by you on or throughthe Service or otherwise have the right to grant the rights and licenses set forth inthese Terms of Use; (ii) the posting and use of your Content on or through the Servicedoes not violate, misappropriate or infringe on the rights of any third party, including,without limitation, privacy rights, publicity rights, copyrights, trademark and/or otherintellectual property rights; (iii) you agree to pay for all royalties, fees, and any othermonies owed by reason of Content you post on or through the Service; and (iv) youhave the legal right and capacity to enter into these Terms of Use in your jurisdiction.
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The Service contains content owned or licensed by Pageant Vote ("Pageant VoteContent"). Pageant Vote Content is protected by copyright, trademark, patent, tradesecret and other laws, and, as between you and Pageant Vote, Pageant Vote ownsand retains all rights in the Pageant Vote Content and the Service. You will notremove, alter or conceal any copyright, trademark, service mark or other proprietaryrights notices incorporated in or accompanying the Pageant Vote Content and you willnot reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Pageant Vote Content.
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The Pageant Vote name and logo are trademarks of Pageant Vote, and may not be copied, imitated or used, in whole or in part, without the prior written permission ofPageant Vote. In addition, all page headers, custom graphics, button icons and scriptsare service marks, trademarks and/or trade dress of Pageant Vote, and may not becopied, imitated or used, in whole or in part, without prior written permission fromPageant Vote.
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Although it is Pageant Vote's intention for the Service to be available as much aspossible, there will be occasions when the Service may be interrupted, including,without limitation, for scheduled maintenance or upgrades, for emergency repairs, ordue to failure of telecommunications links and/or equipment. Also, Pageant Votereserves the right to remove any Content from the Service for any reason, without priornotice. Content removed from the Service may continue to be stored by Pageant Vote,including, without limitation, in order to comply with certain legal obligations, but maynot be retrievable without a valid court order. Consequently, Pageant Vote encouragesyou to maintain your own backup of your Content. In other words, Pageant Vote is nota backup service and you agree that you will not rely on the Service for the purposesof Content backup or storage. Pageant Vote will not be liable to you for anymodification, suspension, or discontinuation of the Services, or the loss of anyContent. You also acknowledge that the Internet may be subject to breaches ofsecurity and that the submission of Content or other information may not be secure.
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You agree that Pageant Vote is not responsible for, and does not endorse, Contentposted within the Service. Pageant Vote does not have any obligation to prescreen,monitor, edit, or remove any Content. If your Content violates these Terms of Use, youmay bear legal responsibility for that Content.
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Except as otherwise described in the Service's Privacy Policy, available athttp://pageantvote.net/info/privacypolicy/, as between you and Pageant Vote, anyContent will be nonconfidential and nonproprietary and we will not be liable for anyuse or disclosure of Content. You acknowledge and agree that your relationship withPageant Vote is not a confidential, fiduciary, or other type of special relationship, andthat your decision to submit any Content does not place Pageant Vote in a positionthat is any different from the position held by members of the general public, includingwith regard to your Content. None of your Content will be subject to any obligation ofconfidence on the part of Pageant Vote, and Pageant Vote will not be liable for anyuse or disclosure of any Content you provide.
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It is Pageant Vote's policy not to accept or consider content, information, ideas,suggestions or other materials other than those we have specifically requested and towhich certain specific terms, conditions and requirements may apply. This is to avoidany misunderstandings if your ideas are similar to those we have developed or aredeveloping independently. Accordingly, Pageant Vote does not accept unsolicitedmaterials or ideas, and takes no responsibility for any materials or ideas sotransmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Pageant Vote is free to use anysuch content, information, ideas, suggestions or other materials, for any purposeswhatsoever, including, without limitation, developing and marketing products andservices, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
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We respect other people's rights, and expect you to do the same.
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We help you protect your intellectual property rights.
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If you repeatedly infringe other people's intellectual property rights, we will disable your
account when appropriate.
Premium Membership
Premium membership is our way of allowing users to take their support to the next level withthe following terms:
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No Refund Policy. All clicks are deliberate and in no way automated
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Restricted to 30 days only. Pageant Vote reserves the right to add more days only
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Nontransferrable. Pageants may end sooner than the 30 days. The user can use it in other pageants. Sale of votes is in between users and Pageant Vote is not liable in anytransaction between users. Use proper judgement. Solicit advice before getting into acontract with others
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The 24 hour clock starts after casting the first vote. If a vote(s) is missed by the user, that vote will not be retrieved. It is the sole responsibility of the user to keep track and wisely use votes.
Buy A Vote
Buy a Vote is made for users who do not want to come back everyday to vote but still wishesto give support to his/her favourite contestant to the next level with the following terms:
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1. No Refund Policy. All clicks are deliberate and in no way automated. This feature wasdesigned so that users will be deliberate with their clicks and choices before makingthe payment.
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2. Any stolen cards or misused paypal accounts must be reported to the authorities.Pageant Vote will not be liable for any misused cards or paypal accounts
Earn Through Pageant Vote
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All users that creates a Pageant will have the chance of earning through Pageant Vote either through regular, premium, bought votes or incentives given by admin
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Rates of earning will be determined by location and manner of voting of the voting user. Pageant Vote reserves the right to change any of the rates at any time before payouts are made
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Payouts can only be made through paypal and will be sent within 30 days after withdrawal is made
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Pageant Vote will be not be responsible for any wrong information registered by the user. The user has every responsibility that every dot, underscore or letter is correct for his/her paypal email.
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Pageant Vote will not be coordinating with paypal to try to retrieve payouts sent to the wrong email due to user error. The user should coordinate directly with Paypal
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Any inconsistencies or form of technical manipulation of our voting system automatically nullifies any payouts for that voting
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The minimum balance for withdrawal is P500
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Any earnings from one user cannot be transferred to another user
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Pageant Vote has the right to stop, pause and continue the program at any time. All accounts with over P500 will have the right to withdraw.
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Calculations will only be done at Philippine Peso and any currency conversion can be done through Paypal
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, PAGEANT VOTE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THEFULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PAGEANT VOTE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS(COLLECTIVELY, THE "PAGEANT VOTE PARTIES") MAKE ANY REPRESENTATIONS ORWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS ORIMPLIED, AS TO: (A) THE SERVICE; (B) THE PAGEANT VOTE CONTENT; (C) USERCONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OFINFORMATION TO PAGEANT VOTE OR VIA THE SERVICE. IN ADDITION, THE PAGEANTVOTE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROMCOMPUTER VIRUS.
THE PAGEANT VOTE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PAGEANT VOTE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE PAGEANT VOTE (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOUACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THEPAGEANT VOTE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE ISLAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PAGEANT VOTE PARTIESSPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DONOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVEDISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAWIS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THATYOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS ORUSE THE SERVICE.
THE PAGEANT VOTE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLYDISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANYLOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASEDUPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE PAGEANT VOTE PARTIES BE LIABLE TO YOUFOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FORANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTALOR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLYRELATED TO: (A) THE SERVICE; (B) THE PAGEANT VOTE CONTENT; (C) USERCONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THESERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THEPAGEANT VOTE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUROR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN INCONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G)ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGETO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT ORTECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITYBREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTERLINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION,INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OFGOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, ORCOMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THEPAGEANT VOTE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OFTHE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).IN NO EVENT WILL THE PAGEANT VOTE PARTIES BE LIABLE TO YOU OR ANYONEELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH ORPERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OREXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PAGEANT VOTEPARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES ORACTION.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIESTHAT ARISE OUT OF PAGEANT VOTE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY,CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO ANINJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE,PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THEPAGEANT VOTE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN ORRESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE,OR OTHER CONTENT OWNED OR CONTROLLED BY THE PAGEANT VOTE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVINGRIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN ORUNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGETHAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THEBENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILARLAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERALRELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWOR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENTWITH THE DEBTOR."
PAGEANT VOTE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION,OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS,EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOUHAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service)agree to defend (at Pageant Vote's request), indemnify and hold the Pageant Vote Partiesharmless from and against any claims, liabilities, damages, losses, and expenses, includingwithout limitation, reasonable attorney's fees and costs, arising out of or in any way connectedwith any of the following (including as a result of your direct activities on the Service or thoseconducted on your behalf): (i) your Content or your access to or use of the Service; (ii) yourbreach or alleged breach of these Terms of Use; (iii) your violation of any thirdparty right,including without limitation, any intellectual property right, publicity, confidentiality, property orprivacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances ororders of any governmental and quasigovernmental authorities, including, without limitation,all regulatory, administrative and legislative authorities; or (v) any misrepresentation made byyou. You will cooperate as fully required by Pageant Vote in the defense of any claim.Pageant Vote reserves the right to assume the exclusive defense and control of any mattersubject to indemnification by you, and you will not in any event settle any claim without theprior written consent of Pageant Vote.
Arbitration
Except if you optout or for disputes relating to: (1) your or Pageant Vote's intellectual property(such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2)violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above("Excluded Disputes"), you agree that all disputes between you and Pageant Vote (whether ornot such dispute involves a third party) with regard to your relationship with Pageant Vote,including without limitation disputes related to these Terms of Use, your use of the Service,and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitrationunder the American Arbitration Association's rules for arbitration of consumerrelated disputesand you and Pageant Vote hereby expressly waive trial by jury. As an alternative, you maybring your claim in your local "small claims" court, if permitted by that small claims court'srules. You may bring claims only on your own behalf. Neither you nor Pageant Vote willparticipate in a class action or classwide arbitration for any claims covered by thisagreement. You also agree not to participate in claims brought in a private attorney general orrepresentative capacity, or consolidated claims involving another person's account, if PageantVote is a party to the proceeding. This dispute resolution provision will be governed by theFederal Arbitration Act. In the event the American Arbitration Association is unwilling orunable to set a hearing date within one hundred and sixty (160) days of filing the case, theneither Pageant Vote or you can elect to have the arbitration administered instead by theJudicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitratormay be entered in any court having competent jurisdiction. Any provision of applicable lawnotwithstanding, the arbitrator will not have authority to award damages, remedies or awardsthat conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Pageant Vote canrequire the other to participate in an arbitration proceeding. To opt out, you must notifyPageant Vote in writing within 30 days of the date that you first became subject to thisarbitration provision.
You must include your name and residence address, the email address you use for yourPageant Vote account, and a clear statement that you want to opt out of this arbitrationagreement.
If the prohibition against class actions and other claims brought on behalf of third partiescontained above is found to be unenforceable, then all of the preceding language in thisArbitration section will be null and void. This arbitration agreement will survive the terminationof your relationship with Pageant Vote.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship withPageant Vote must be filed within one year after such claim arose; otherwise, your claim ispermanently barred.
Governing Law & Venue
These Terms of Use are governed by and construed in accordance with the laws of the Hong Kong, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Vantle exclusively in a court located in Hong Kong, and to submit to the personal jurisdiction of the courts located in Hong Kong for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reasonunenforceable during arbitration or by a court of competent jurisdiction, then that provision willbe deemed severable from these Terms of Use and will not affect the validity andenforceability of any remaining provisions. Pageant Vote's failure to insist upon or enforcestrict performance of any provision of these Terms will not be construed as a waiver of anyprovision or right. No waiver of any of these Terms will be deemed a further or continuingwaiver of such term or condition or any other term or condition. Pageant Vote reserves theright to change this dispute resolution provision, but any such changes will not apply todisputes arising before the effective date of the amendment. This dispute resolution provisionwill survive the termination of any or all of your transactions with Pageant Vote.
Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorizedto enter into an agreement on behalf of that legal entity. These Terms of Use constitute theentire agreement between you and Pageant Vote and governs your use of the Service,superseding any prior agreements between you and Pageant Vote. You will not assign theTerms of Use or assign any rights or delegate any obligations hereunder, in whole or in part,whether voluntarily or by operation of law, without the prior written consent of Pageant Vote.Any purported assignment or delegation by you without the appropriate prior written consentof Pageant Vote will be null and void. Pageant Vote may assign these Terms of Use or anyrights hereunder without your consent. If any provision of these Terms of Use is found by acourt of competent jurisdiction to be invalid or otherwise unenforceable, the partiesnevertheless agree that such portion will be deemed severable from these Terms of Use andwill not affect the validity and enforceability of the remaining provisions, and the remainingprovisions of the Terms of Use remain in full force and effect. Neither the course of conductbetween the parties nor trade practice will act to modify the Terms of Use. These Terms ofUse do not confer any thirdparty beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by anyperson or entity in any jurisdiction or country where such distribution or use would be contraryto law or regulation or which would subject Pageant Vote to any registration requirementwithin such jurisdiction or country. We reserve the right to limit the availability of the Service orany portion of the Service, to any person, geographic area, or jurisdiction, at any time and inour sole discretion, and to limit the quantities of any content, program, product, service orother feature that Pageant Vote provides.
Software related to or made available by the Service may be subject to United States exportcontrols. Thus, no software from the Service may be downloaded, exported or reexported: (a)into (or to a national or resident of) any country to which the United States has embargoedgoods; or (b) to anyone on the U.S. Treasury Department's list of Specially DesignatedNationals or the U.S. Commerce Department's Table of Deny Orders. By downloading anysoftware related to the Service, you represent and warrant that you are not located in, underthe control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is January 19, 2015. These Terms of Use werewritten in English (US). To the extent any translated version of these Terms of Use conflictswith the English version, the English version controls.
Community Guidelines
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Create A Pageant
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Keep your clothes on.
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Be respectful.
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Share your favourite contestant. Don’t spam.
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HAVE FUN!