Terms of Use
POLYS ONLINE VOTING SYSTEM
WHEREAS, the Customer is the natural or legal person which wishes to use the Polys Online Voting System ("Product" or "Polys") of AO Kaspersky Lab ("Kaspersky" or "Rightholder") and Kaspersky wishes to provide the Product to the Customer.
NOW, THEREFORE, in consideration of the mutual covenants and promises in these Terms of Usе ("ToU") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and by Customer purchasing access to the Product in accordance with the related ordering process and by clicking the appropriate button(s) if required by Kaspersky to confirm and accept this ToU (which to the maximum extent permitted under applicable law shall be deemed conclusive approval thereof), the parties agree as follows:
Kaspersky agrees to grant access to the Product in the manner and within the time period in accordance with this ToU and a sеparate agreement that may be entered into between Kaspersky and Customer, or between Customer and an authorized partner of Kaspersky ("Partner"). To the extent a separate agreement between Kaspersky or a Partner and Customer conflicts with any provisions of the ToU, such separate agreement shall prevail.
This ToU shall commence on the effective date, which is the date of acceptance of this ToU by the Customer.
NOW, THEREFORE, in consideration of the mutual covenants and promises in these Terms of Usе ("ToU") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and by Customer purchasing access to the Product in accordance with the related ordering process and by clicking the appropriate button(s) if required by Kaspersky to confirm and accept this ToU (which to the maximum extent permitted under applicable law shall be deemed conclusive approval thereof), the parties agree as follows:
Kaspersky agrees to grant access to the Product in the manner and within the time period in accordance with this ToU and a sеparate agreement that may be entered into between Kaspersky and Customer, or between Customer and an authorized partner of Kaspersky ("Partner"). To the extent a separate agreement between Kaspersky or a Partner and Customer conflicts with any provisions of the ToU, such separate agreement shall prevail.
This ToU shall commence on the effective date, which is the date of acceptance of this ToU by the Customer.
- DESCRIPTION
Polys is an automated system based on blockchain technology which is built for conducting online voting and operations related to this process:
- setting voting parameters
- voter registration
- verification of active suffrage
- issuing ballots
- saving the encrypted electronic ballots
- decryption of electronic ballots
- counting results
PROVISION OF PRODUCT
1.1. License. Kaspersky grants the Customer a non-exclusive, non-transferable, limited license to access the web-portal located at org.polys.me and polys.vote ("Portal") as well as to store, download, install, execute and display the Customer panel within the scope of the functionality set forth in the User guide as well as in accordance with this ToU ("License") and you accept the terms of this License.
1.2. Registration is required to use the Product.
1.3. Access to Product. The Product is provided in the form of access to the Portal.
1.4. The term of access to the functionality and the number of available voting:
1.6. Compensation. License fees and all applicable taxes payable are due within the period specified in an invoice provided to the Customer by Kaspersky or a Partner.
1.7. Cooperation. The customer shall provide information as may be reasonably required by Kaspersky in order to permit Kaspersky to perform its obligations hereunder. Kaspersky will not be liable therefore if the required information is not provided to Kaspersky by the Customer or is inaccurate, and/or inadequate for provision of the Product.
1.8. Technical Support.
1.8.1. Kaspersky shall provide Customer with Technical Support, which includes resolution of Customer problems related to the Product purchased and being utilized properly according to its intended use and in compliance with the documentation and technical specifications.
1.8.2. Customer shall provide as much detailed information as sufficient to help Kaspersky Technical Support achieve a resolution to the problem or enable Kaspersky to correct any issues in the Product and/or further develop the Product as may be required by Kaspersky.
1.8.3. Technical Support is provided by contacting via the email address support@polys.me.
1.9. Warranties. EXCEPT FOR KASPERSKY OBLIGATIONS STATED HEREBY THE PRODUCT IS PROVIDED "AS IS" AND KASPERSKY MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. KASPERSKY AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE CUSTOMER INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, KASPERSKY MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET ANY OR ALL OF CUSTOMER REQUIREMENTS WHETHER OR NOT DISCLOSED TO KASPERSKY.
1.10. Intellectual Property Ownership. Customer consents and agrees that the Product and the authorship, systems, ideas, methods of operation, documentation, and other information contained in or relating to the Product are proprietary intellectual property and/or valuable trade secrets of Kaspersky or its Partners and that Kaspersky and its Partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patents of the Russian Federation, European Union, and the United States, as well as other countries and international treaties. This ToU does not grant the Customer any rights to the intellectual property, including any trademarks or service marks of Kaspersky and/or its Partners ("Trademarks"). Customers may use the Trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give to the Customer any rights of ownership in that Trademark. Kaspersky and/or its Partners own and retain all right, title, and interest in and to the Product, including, without limitation, any error corrections, enhancements, updates, or other modifications to the Product, whether made by Kaspersky or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Customer's possession or use of the Product does not transfer to the Customer any title to the intellectual property in the Product, and Customer will not acquire any rights to the Product except as expressly set forth in this ToU. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this ToU does not grant the Customer any intellectual property rights in the Product and Customer acknowledges that the License, as defined herein, granted under this ToU only provides the Customer with a right of limited use under this ToU. Kaspersky reserves all rights not expressly granted to the Customer in this ToU. VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS TO THE PRODUCT SHALL RESULT IN CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY IN ACCORDANCE WITH THE LAW.
1.2. Registration is required to use the Product.
1.3. Access to Product. The Product is provided in the form of access to the Portal.
1.4. The term of access to the functionality and the number of available voting:
- In case of use without payment 5 voting sessions up to 20 people can be run per month. The term of access to the functionality and the number of available voting can be changed by Kaspersky in case of use without payment. Notification about changing this information will be posted on the Portal.
- In case of payment the term of access to the functionality and the number of available voting is specified in the document which contains information about the license ("License Certificate") and is sent with an activation code to the Customer email address specified during the purchase.
1.6. Compensation. License fees and all applicable taxes payable are due within the period specified in an invoice provided to the Customer by Kaspersky or a Partner.
1.7. Cooperation. The customer shall provide information as may be reasonably required by Kaspersky in order to permit Kaspersky to perform its obligations hereunder. Kaspersky will not be liable therefore if the required information is not provided to Kaspersky by the Customer or is inaccurate, and/or inadequate for provision of the Product.
1.8. Technical Support.
1.8.1. Kaspersky shall provide Customer with Technical Support, which includes resolution of Customer problems related to the Product purchased and being utilized properly according to its intended use and in compliance with the documentation and technical specifications.
1.8.2. Customer shall provide as much detailed information as sufficient to help Kaspersky Technical Support achieve a resolution to the problem or enable Kaspersky to correct any issues in the Product and/or further develop the Product as may be required by Kaspersky.
1.8.3. Technical Support is provided by contacting via the email address support@polys.me.
1.9. Warranties. EXCEPT FOR KASPERSKY OBLIGATIONS STATED HEREBY THE PRODUCT IS PROVIDED "AS IS" AND KASPERSKY MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. KASPERSKY AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE CUSTOMER INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. WITHOUT LIMITING THE FOREGOING PROVISIONS, KASPERSKY MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PRODUCT WILL MEET ANY OR ALL OF CUSTOMER REQUIREMENTS WHETHER OR NOT DISCLOSED TO KASPERSKY.
1.10. Intellectual Property Ownership. Customer consents and agrees that the Product and the authorship, systems, ideas, methods of operation, documentation, and other information contained in or relating to the Product are proprietary intellectual property and/or valuable trade secrets of Kaspersky or its Partners and that Kaspersky and its Partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patents of the Russian Federation, European Union, and the United States, as well as other countries and international treaties. This ToU does not grant the Customer any rights to the intellectual property, including any trademarks or service marks of Kaspersky and/or its Partners ("Trademarks"). Customers may use the Trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of the Trademark owner's name. Such use of any Trademark does not give to the Customer any rights of ownership in that Trademark. Kaspersky and/or its Partners own and retain all right, title, and interest in and to the Product, including, without limitation, any error corrections, enhancements, updates, or other modifications to the Product, whether made by Kaspersky or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Customer's possession or use of the Product does not transfer to the Customer any title to the intellectual property in the Product, and Customer will not acquire any rights to the Product except as expressly set forth in this ToU. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this ToU does not grant the Customer any intellectual property rights in the Product and Customer acknowledges that the License, as defined herein, granted under this ToU only provides the Customer with a right of limited use under this ToU. Kaspersky reserves all rights not expressly granted to the Customer in this ToU. VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS TO THE PRODUCT SHALL RESULT IN CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY IN ACCORDANCE WITH THE LAW.
2. PRODUCT USE
2.1. Customer may use the Product to run voting sessions only upon acceptance of this ToU and as long as the License remains in effect.
2.2. Customer acknowledges that Kaspersky provides the same or similar Product to other customers and that nothing in the ToU shall be construed to prevent Kaspersky from carrying on such business. The customer acknowledges that Kaspersky may at its sole discretion develop, use, market, and distribute any components that are substantially similar to components of the Product with similar or other structure, content, and organization. Notwithstanding the preceding sentence, Kaspersky agrees that it will not market or distribute any Product components that include confidential information of the Customer.
2.3. Customer may not distribute, transfer or resell the Product and/or its components. Providing the Product and/or its components to third parties regardless of whether they are provided on a commercial or free basis is strictly prohibited and considered as significant harm to Kaspersky. In the event that Customer violates the restrictions indicated herein Kaspersky shall be entitled to charge compensation which may include direct damages, as well as loss of profit and any supplementary expenses which may be suffered by Kaspersky subject to such violation and Customer hereby, agrees that payment of such compensation shall not be withheld.
2.4. Customer shall not emulate, clone, modify, decompile, or reverse engineer the Product or its components. Customer shall not sell, rent, lease or lend the Product or its components to any third party or use the Product to create own product or service.
2.5. Customer may not remove or alter any copyright notices or other proprietary notices on the Product, related documentation, or materials.
2.6. Conditions Regarding Data Processing.
2.6.1. Under this section the following additional definition is introduced:
Data Subject means a natural person who uses the Product directly or indirectly, including a representative if the customer, contractor, employee, client of the Customer, or a voter invited by the Customer to vote in a voting session initiated by the Customer by means of the Product functionality, in respect of whom data is transmitted and processed in the context of the Customer's activities, including data which may represent personal data under the laws of certain countries.
2.6.2. Since processing of Controller Data involves transfer of personal data to Russia, the Parties hereby conclude the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (Commission Implementing Decision (EU) 2021/914 of 4 June 2021) in the version agreed by the parties.
2.6.3. Kaspersky Lab undertakes the processing of all data received from the Customer in accordance with the concluded standard contractual clauses, along with the use of the functionality of the Product by the Customer unless otherwise is specified in a separate written agreement between the Customer and Kaspersky Lab or a Partner.
2.6.4. The Customer must ensure that - where consent of the data subject is necessary for the processing of his or her personal data – the given consent meets all requirements of the applicable laws, particularly where Article 6 (1) (a) GDPR applies. The Customer represents and warrants that, where necessary, the consent of each Data Subject was obtained prior to the processing of his or her personal data.
2.6.5. In the case of 2.6.4., the Customer is responsible for proving the existence of effective consent to the processing of personal data, particularly according to Article 7 (1) GDPR where the GDPR applies to the processing. The Customer represents and warrants that it is able to and will prove the existence of each Data Subject's consent at any time upon request by Kaspersky within five (5) days from the date of such request.
2.6.6. The Customer is obliged and has the full and sole responsibility to provide each Data Subject with all information required by the applicable law, particularly under Article 13f. GDPR the GDPR applies to the processing.
2.6.7. The Customer shall be fully liable in relation to Kaspersky for any damages resulting from a breach of this ToU, in particular, in the case of 2.6.4., the Customer's failure to obtain effective consent of a Data Subject, or from the failure to obtain sufficient effective consent, or from the lack of proof or belated proof of effective consent of Data Subject and/or from any other violation of an obligation under this ToU.
2.6.8. The Customer shall indemnify Kaspersky from and against any third party claims arising from the failure of Customer to fulfill obligations under this section 2.6 "Conditions Regarding Data Processing" which third parties, including, without limitation, supervisory data protection authorities, assert against Kaspersky.
2.6.9. The Customer agrees that the Polys Online Voting System is not intended to be used to process special categories of data such as: health information, racial, national or gender identity, sexual orientation, sex life or religious beliefs, political opinions, as well as the processing of children's data. The Customer undertakes to take this restriction into account when using the system and not to organize any voting using these categories of data or which purpose is to process these categories of data.
2.7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASPERSKY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PRODUCTS, INFORMATON, SERVICE AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS ToU, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF KASPERSKY, EVEN IF KASPERSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.8. If Customer violates any of its obligations hereunder or License limitations stipulated in this ToU or other legally binding document entered into between Kaspersky or a Partner and Customer, Kaspersky may revoke the License and terminate the Customer's access to the Portal.
2.9. Kaspersky reserves the right at any time to improve the Product and/or its components.
2.10. Kaspersky reserves the right at any time to modify this ToU and to impose new or additional terms or conditions on the use of the Product. Such modifications will be effective immediately when incorporated into the ToU. Continued use of the Product by the Customer will be deemed acceptance thereof.
2.11. No delay or omission by either party in exercising any right under this ToU shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. In the event that any provision of this ToU shall be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. This ToU may also be amended or modified by a written instrument executed by both the Customer and Kaspersky or by Kaspersky only as stipulated in clause 2.10.
2.12. Governing Law.
2.12.1. Except as provided in Clauses 2.12.2 and 2.12.3 below, this ToU shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Product, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Product in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and the U.S. Virginia Islands. If you obtained the Product in the United States, Puerto Rico, American Samoa, Guam, or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Product in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Product in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Product in a member country of the EU, the laws of Germany.
f. Australia. If you obtained the Product in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Product in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Product in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Product in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Product in any other country, the substantive laws of the country where the purchase took place would be in effect.
2.12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this ToU is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 2.12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
2.12.3. This ToU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
2.12.4. The Customer is responsible for contacting only Kaspersky or its partners directly if having any problems with the product.
2.2. Customer acknowledges that Kaspersky provides the same or similar Product to other customers and that nothing in the ToU shall be construed to prevent Kaspersky from carrying on such business. The customer acknowledges that Kaspersky may at its sole discretion develop, use, market, and distribute any components that are substantially similar to components of the Product with similar or other structure, content, and organization. Notwithstanding the preceding sentence, Kaspersky agrees that it will not market or distribute any Product components that include confidential information of the Customer.
2.3. Customer may not distribute, transfer or resell the Product and/or its components. Providing the Product and/or its components to third parties regardless of whether they are provided on a commercial or free basis is strictly prohibited and considered as significant harm to Kaspersky. In the event that Customer violates the restrictions indicated herein Kaspersky shall be entitled to charge compensation which may include direct damages, as well as loss of profit and any supplementary expenses which may be suffered by Kaspersky subject to such violation and Customer hereby, agrees that payment of such compensation shall not be withheld.
2.4. Customer shall not emulate, clone, modify, decompile, or reverse engineer the Product or its components. Customer shall not sell, rent, lease or lend the Product or its components to any third party or use the Product to create own product or service.
2.5. Customer may not remove or alter any copyright notices or other proprietary notices on the Product, related documentation, or materials.
2.6. Conditions Regarding Data Processing.
2.6.1. Under this section the following additional definition is introduced:
Data Subject means a natural person who uses the Product directly or indirectly, including a representative if the customer, contractor, employee, client of the Customer, or a voter invited by the Customer to vote in a voting session initiated by the Customer by means of the Product functionality, in respect of whom data is transmitted and processed in the context of the Customer's activities, including data which may represent personal data under the laws of certain countries.
2.6.2. Since processing of Controller Data involves transfer of personal data to Russia, the Parties hereby conclude the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (Commission Implementing Decision (EU) 2021/914 of 4 June 2021) in the version agreed by the parties.
2.6.3. Kaspersky Lab undertakes the processing of all data received from the Customer in accordance with the concluded standard contractual clauses, along with the use of the functionality of the Product by the Customer unless otherwise is specified in a separate written agreement between the Customer and Kaspersky Lab or a Partner.
2.6.4. The Customer must ensure that - where consent of the data subject is necessary for the processing of his or her personal data – the given consent meets all requirements of the applicable laws, particularly where Article 6 (1) (a) GDPR applies. The Customer represents and warrants that, where necessary, the consent of each Data Subject was obtained prior to the processing of his or her personal data.
2.6.5. In the case of 2.6.4., the Customer is responsible for proving the existence of effective consent to the processing of personal data, particularly according to Article 7 (1) GDPR where the GDPR applies to the processing. The Customer represents and warrants that it is able to and will prove the existence of each Data Subject's consent at any time upon request by Kaspersky within five (5) days from the date of such request.
2.6.6. The Customer is obliged and has the full and sole responsibility to provide each Data Subject with all information required by the applicable law, particularly under Article 13f. GDPR the GDPR applies to the processing.
2.6.7. The Customer shall be fully liable in relation to Kaspersky for any damages resulting from a breach of this ToU, in particular, in the case of 2.6.4., the Customer's failure to obtain effective consent of a Data Subject, or from the failure to obtain sufficient effective consent, or from the lack of proof or belated proof of effective consent of Data Subject and/or from any other violation of an obligation under this ToU.
2.6.8. The Customer shall indemnify Kaspersky from and against any third party claims arising from the failure of Customer to fulfill obligations under this section 2.6 "Conditions Regarding Data Processing" which third parties, including, without limitation, supervisory data protection authorities, assert against Kaspersky.
2.6.9. The Customer agrees that the Polys Online Voting System is not intended to be used to process special categories of data such as: health information, racial, national or gender identity, sexual orientation, sex life or religious beliefs, political opinions, as well as the processing of children's data. The Customer undertakes to take this restriction into account when using the system and not to organize any voting using these categories of data or which purpose is to process these categories of data.
2.7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KASPERSKY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PRODUCTS, INFORMATON, SERVICE AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS ToU, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF KASPERSKY, EVEN IF KASPERSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.8. If Customer violates any of its obligations hereunder or License limitations stipulated in this ToU or other legally binding document entered into between Kaspersky or a Partner and Customer, Kaspersky may revoke the License and terminate the Customer's access to the Portal.
2.9. Kaspersky reserves the right at any time to improve the Product and/or its components.
2.10. Kaspersky reserves the right at any time to modify this ToU and to impose new or additional terms or conditions on the use of the Product. Such modifications will be effective immediately when incorporated into the ToU. Continued use of the Product by the Customer will be deemed acceptance thereof.
2.11. No delay or omission by either party in exercising any right under this ToU shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. In the event that any provision of this ToU shall be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. This ToU may also be amended or modified by a written instrument executed by both the Customer and Kaspersky or by Kaspersky only as stipulated in clause 2.10.
2.12. Governing Law.
2.12.1. Except as provided in Clauses 2.12.2 and 2.12.3 below, this ToU shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Product, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Product in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and the U.S. Virginia Islands. If you obtained the Product in the United States, Puerto Rico, American Samoa, Guam, or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Product in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Product in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Product in a member country of the EU, the laws of Germany.
f. Australia. If you obtained the Product in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Product in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Product in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Product in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Product in any other country, the substantive laws of the country where the purchase took place would be in effect.
2.12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this ToU is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 2.12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
2.12.3. This ToU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
2.12.4. The Customer is responsible for contacting only Kaspersky or its partners directly if having any problems with the product.
Confidentiality
You agree that the Web-portal and the User Guide, including their distinctive design, constitute the confidential private information of the Rightholder. You are prohibited from disclosing, providing, or otherwise making such confidential information available in any form to third parties without the written permission of the Rightholder. You should take appropriate safety measures to protect such confidential information.
Limitation of liability
THE CONTENT OF THIS WEB-PORTAL IS PROVIDED "AS IS", WITHOUT GUARANTEES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, COMMERCIAL QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CIRCUMSTANCES SHALL THE RIGHTHOLDER BE LIABLE FOR ANY LOSS OR HARM ARISING OR IN ANY WAY ASSOCIATED WITH THE USE OF THE CONTENT ON THE WEB-PORTAL.
Rightholder Contact Information
This information can be found on the "Contact Information" page:
https://www.kaspersky.com/about/contact
This ToU shall be valid and binding for both parties as well as for their successors and assigns.
© 2022 AO Kaspersky Lab
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© 2022 AO Kaspersky Lab
Polys is a blockchain-based online voting platform backed with underlying crypto algorithms.