Terms of Service - 2025 Best of Benicia

Terms of Service

Effective Date: 07/12/2025

Powered by: Averik Corp. dba VoterFly (“VoterFly”, “we”, “us”, “our”)

End User: “you” or “your”

By accessing or using this site and participating in any voting or nomination activity, you agree to be bound by these Terms of Service. If you do not agree, do not use this platform.

1. Eligibility

You must be at least 13 years old to use this Service. Some campaigns may reference or involve alcohol-related content (such as breweries or bars). You must comply with any age restrictions set by the Host or applicable law.

2. Nature of the Service

These campaigns are created, branded, and operated entirely by third-party hosts (“Hosts”). While the underlying layout and technical infrastructure is provided by VoterFly, the campaign’s visual identity, content, and rules are set by the Host. VoterFly may offer best practices and guidance but does not own or take responsibility for the campaign’s branding, messaging, or outcome.

3. User Accounts

To vote or submit nominations, you must create an account. You agree to:

  • Provide accurate, truthful information.
  • Keep your login credentials confidential.
  • Not share or allow others to use your account.
  • Notify us of any unauthorized use.

You are responsible for all actions taken under your account.

4. Nomination & Voting Rules

Each campaign may have its own rules, including eligibility, daily limits, and category requirements. These rules are set by the Host and not covered in these Terms. We reserve the right to investigate and disqualify fraudulent votes or suspicious activity.

5. User-Generated Content

You may have the ability to submit nominations, comments, descriptions, or other content. By doing so, you grant VoterFly and the Host a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, or distribute your content for promotional or marketing purposes related to the campaign.

You agree not to submit content that is:

  • Inaccurate, misleading, or deceptive.
  • Offensive, harassing, defamatory, or discriminatory.
  • Infringing on any third-party rights (e.g., copyright or trademark).
  • Spam or automated submissions.

We reserve the right (but not the obligation) to moderate or remove content at our discretion.

DMCA Policy

If you believe that content submitted by a user infringes your copyright, you may submit a takedown request in accordance with the Digital Millennium Copyright Act (DMCA). Please refer to our DMCA Policy for instructions on how to file a notice or counter-notice.

We reserve the right to remove allegedly infringing content without prior notice and to terminate the accounts of repeat infringers in accordance with our policy.

6. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how your information is collected, used, and shared. By using this platform, you agree to the practices described in the Privacy Policy.

7. Platform Availability

We do not guarantee uninterrupted access to the Service. The platform is provided “as is” and “as available.” We may modify, suspend, or discontinue any aspect of the Service at any time without notice.

8. Intellectual Property

The visual layout, components, and technical platform are provided by VoterFly and are protected by intellectual property laws. However, all branding elements—including logos, campaign names, and styling—are owned or licensed by the respective Hosts.

You may not copy, reproduce, or reuse any part of the site without permission from the rightful owner.

9. Vote Counts and Results

Vote counts and final results are determined and controlled by the Host organization. VoterFly does not guarantee the publication, accuracy, or outcome of any results.

10. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful or harmful purpose.
  • Use bots, scripts, or automation to interact with the Service.
  • Attempt to interfere with security or normal operations.

Any violation may result in suspension or termination of your access.

11. Disclaimers

The Service is provided “as is” without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, or secure.

We are not liable for:

  • Inaccurate results or vote counts.
  • Data loss or outages.
  • Damages from your use or inability to use the Service.

To the fullest extent permitted by law, our total liability is limited to $100 or the amount you paid for the Service (if any).

12. Indemnification

You agree to indemnify and hold harmless VoterFly, the Host, and their respective affiliates, directors, employees, and agents from any claims or liabilities arising out of:

  • Your use of the Service.
  • Your content.
  • Your violation of these Terms.

13. Third-Party Links and Content

This site may contain links to third-party websites or ads provided by the Host. We are not responsible for their content, accuracy, or privacy practices.

14. Changes to These Terms

We may update these Terms of Service at any time. If we do, we’ll revise the “Effective Date” at the top. Continued use of the Service after changes means you accept the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of laws. Any disputes shall be resolved in the state or federal courts located in Sacramento County, California.

16. Contact

If you have questions about these Terms of Service, please contact us at:
support@voterfly.com
or
Averik Corp. (DBA VoterFly)
11230 Gold Express Dr. #310-555 Gold River, CA 95670