Pollpals
Terms and Conditions:
Pollpals.com
Trinity Intel Media, llc.
Last Updated:
1.
ACCEPTANCE OF TERMS
By accessing and using Pollpals,
Inc. ("Pollpals") web site, www.pollpals.com (the "Site"),
users (each, a "User" or "you") are agreeing to the
following Terms of Use ("Terms of Use"). Please read these Terms of
Use carefully, along with the Pollpals Privacy Statement. By using this Site or
the Pollpals services offered on the Site ("Pollpals Services"), you
signify your agreement to these Terms of Use, our Privacy Statement and all terms,
conditions and notices contained or referenced herein. If you do not agree to
these Terms of Use, please do not use this Site.
2.
CHANGE TO TERMS AND POLLPALS SERVICES
We may, without notice, modify or
terminate the Pollpals Services for any reason, without liability to you, any
other user or any third party. We reserve the right to modify these Terms of
Use at any time without notice. Please review these Terms of Use from time to
time so that you will be apprised of any changes.
3.
PRIVACY STATEMENT
Click here to review the Pollpals
Privacy Statement, which sets forth Pollpals' online data collection and usage
policies. Capitalized terms used but not defined in these Terms of Use are
defined in the Privacy Statement.
4. NO
DATA MINING OR RESALE OF DATA PERMITTED
Use of manual or automated software,
devices, or other processes (including but not limited to spiders, robots,
scrapers, crawlers, avatars, data mining tools, or the like, other than the
search engine and search agents available as part of the Pollpals Services) to
"scrape" or download data from any web pages contained in the Site is
strictly prohibited. Except as otherwise permitted in these Terms of Use, you
agree not to: (i) monitor or copy, or allow others to monitor or copy, the Site
or the content included on the Site; or (ii) "frame" or otherwise
simulate the appearance or function of the Site.
The Site and the Pollpals Services
are for your personal or internal business use only and may not be used for any
commercial purpose. You agree not to (i) use the Site for illegal and/or
unauthorized uses, including collecting any information and/or e-mail addresses
of other Users by electronic or other means for the purpose of sending
unsolicited e-mail; (ii) reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Pollpals Service; (iii) develop
or derive for commercial sale any data in any form whatsoever that incorporates
or uses any part of the Pollpals Services or any data residing in it; (iv) use
the Pollpals Services to sell a product or service or to increase traffic to
your web site for commercial purposes; (v) take the results from a Pollpals
search on Pollpals site and reformat and display them, or mirror the Site or Pollpals
' search results pages on your web site; or (vi) "meta-search" the Pollpals
Services.
The Site and the Pollpals Services,
content and user information obtained may be used by Trinity Intel Media, LLC
for any commercial purpose, data repurposing and user trends and answers to be
sold to other businesses and companies that Trinity Intel Meddia, LLC wishes to
do business with. You do agree to allow
Trinity Intel Media, LLC to (i) use the Pollpals
Site for collecting any information and/or e-mail addresses of other Users by
electronic or other means for the purpose of sending unsolicited e-mail; (ii)
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any aspect of the Pollpals Service; (iii) develop or derive for
commercial sale any data in any form whatsoever that incorporates or uses any
part of the Pollpals Services or any data residing in it; (iv) use the Pollpals
Services to sell a product or service or to increase traffic to your web site
for commercial purposes; (v) take the results from a Pollpals search on Pollpals
site and reformat and display them, or mirror the Site or Pollpals ' search
results pages on your web site; or (vi) "meta-search" the Pollpals
Services.
5.
USER CONTENT
You acknowledge and agree that (i) Pollpals
does not pre-screen content provided by Users of the Site ("User
Content"); (ii) Pollpals does not endorse or adopt (and has not
necessarily reviewed) any User Content nor assumes any responsibility for, nor
guarantees the accuracy, integrity or quality of, any material therein; (iii)
all User Content posted on, transmitted through, or linked from the Pollpals
Services are the sole responsibility of the person from whom such User Content
originated and Pollpals has no responsibility for such User Content, (iv) by
using the Pollpals Service, you may be exposed to User Content that is
offensive, inappropriate, harmful, indecent, inaccurate, deceptive, misleading
or otherwise objectionable, and (v) Pollpals shall have the right (but not the
obligation) in its sole discretion to refuse or remove any User Content on the
Site and to edit or delete any objectionable material. If you believe that Pollpals
has acted mistakenly with respect to certain User Content or other content, you
may contact us at customerservice@pollpals.com,
in which case we may investigate the matter further. We reserve the right,
however, to take no further action.
It is Pollpals policy not to allow
for any objectionable or unlawful material to be posted at the Site. We will
use commercially reasonable efforts to remove, disable or restrict access to or
the availability of User Content that, in our view, is objectionable, provided
that we shall have no contractual obligation to undertake, or refrain from
undertaking, any particular course of conduct. If you believe someone has
posted User Content which is objectionable (other than cases of copyright
infringement, which is addressed in Section 6 below), we ask you to promptly
notify us by email at the following address customerservice@pollpals.com.
In order to allow us to respond effectively, please provide us with as much
detail as possible, including: (i) the nature of the material, (ii) the precise
location where the material is located, (iii) any grounds to believe that the
person who posted the material was not authorized to do so, and (iv) if known,
the identity of the person or persons who posted the material. By lodging a
complaint, you agree that the substance of your complaint shall be deemed to
constitute a representation made under penalty of perjury. If you believe that
material remains on the Site that violates your rights, your sole remedy shall
be against the person responsible for posting or storing it, not against us.
You must not, and by using the Site
or Pollpals Service, you agree not to, directly or indirectly (e.g., by linking
to another web site or service) do any of, but not limited to, the following
things:
- Not to Publish, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful material or information.
- Impersonate anyone else or misrepresent your
affiliation with a person or entity, including but not limited to a Pollpals
employee, or employ misleading e-mail addresses, forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
communication transmitted through the Pollpals Service;
- Contact anyone who has asked not to be contacted, or
stalk or otherwise harass anyone;
- Not to interfere with or disrupt networks connected to
the Service or violate the regulations, policies or procedures of such
networks;
- Use, collect or store other users' Personal Information
(as defined in our Privacy Statement) or User Content for commercial or
unlawful purposes, or for purposes other than establishing contact that is
reasonably expected to be welcomed;
- Upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of unsolicited commercial
advertisement or objectionable material;
- Delete or revise any material posted by any other
person or entity;
6.
COPYRIGHT POLICY
All content, including but not
limited to text, software, music, sound, photographs, trademarks, service
marks, logos, video, graphics or other material contained on the Site or in
commercially produced information presented to you through the Site by Pollpals
or Pollpals ' third party licensors ("Site Content") is protected by
copyright, trademarks, service marks, patents or other proprietary agreements
and laws and you are only permitted to use Site Content as expressly authorized
herein or in writing by Pollpals. These Terms of Use do not transfer any right,
title, or interest in the Site or the Site Content to you, and Pollpals and its
third party licensors retain all of its and their respective right, title and
interest to the Site and Site Content.
You acknowledge and agree that Pollpals
owns all database, compilation, collective and similar
rights, title and interest worldwide in our information databases, and all
information and derivative works generated from those databases.
Except as provided in these Terms of
Use, you may not use, download, upload, modify, copy, print, display, perform,
reproduce, publish, license, post, transmit, distribute or otherwise exploit
any Site Content or information from the Site, in whole or in part, without the
express permission of Pollpals. Requests for such permission should be made to customerservice@pollpals.com.
You may without our permission
download, view, copy, retransmit and print Site Content, but only if:
- The Site Content is used solely for personal,
informational, or internal business purposes;
- The Site Content is not provided, sold, licensed or
leased (nor is access provided to the Site Content) for any fee or other
consideration;
- All copyright, trademark and other proprietary rights
notices included in the Site Content and on the Site, appear on all
copies;
- The Site Content is not modified or altered in any way;
and
- No graphics are used separately from accompanying text.
The trademarks, logos and service
marks displayed on the Site are the property of Pollpals or its licensors. Pollpals,
Pollpals.com and all the brands of other Pollpals products and services shown
herein are the trademarks or registered trademarks of Pollpals, Inc. Other
trademarks belong to their respective owners. If you are aware of material on
the Site that infringes copyright, please contact us through the copyright
infringement notification process described below.
UNAUTHORIZED USE, COPYING,
REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING,
TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF
THE SITE IS PROHIBITED. Nothing contained in the Terms of Use or in the
materials on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any material in any manner without the
prior written consent of Pollpals or such third party that may own the material
or intellectual property displayed on this Site. In addition, use of the Site
Content or materials for any purpose not expressly permitted in the Terms of
Use is prohibited. You shall not copy or adapt the HTML code that Pollpals uses to generate any Site Content or the pages making up the Site.
If you believe that your work has
been copied and has been posted to the Site in a way that constitutes copyright
infringement, you may provide Pollpals with notice of your complaint by
providing Pollpals with the following information in writing:
- The electronic or physical signature of the owner of
the copyright that has allegedly been infringed or a signature of the
person authorized to act on the owner's behalf;
- Identify the copyrighted work that you claim has been
infringed or, if multiple copyrighted works on the Site are covered by a
single notification, a representative list of such works at the Site;
- Identify the material that is claimed to be infringing,
with information about its location reasonably specific to permit Pollpals
to locate the material;
- Your name, address, telephone number, and e-mail
address;
- A statement by you that you have a good faith belief
that the use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and a statement, made under
penalty of perjury, that the above information in your notification is
accurate and that you are the copyright owner or are authorized to act on
the copyright owner's behalf.
To be effective, your notification
must be in writing and include the above information. The Pollpals' Designated
Copyright Agent to receive your notification is:
Intellectual Property Complaints - TIMedia
customerservice@pollpals.com
7.
COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all laws,
legislation, rules, regulations, and governmental requirements of any
jurisdiction in or from which you access the Site or Pollpals Services. Your
use of any data obtained through the Pollpals Service or the Site, including
without limitation e-mail addresses, to send e-mail to any person, must fully
comply with all federal and state laws with respect to unsolicited e-mail.
8.
DISCLAIMERS
THE SITE AND THE POLLPALS SERVICES
PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. POLLPALS DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND POLLPALS MAKES NO WARRANTY
THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. POLLPALS
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK
OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO
THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A
CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
9.
LIMITATIONS ON LIABILITY
YOUR USE OF THE SITE IS ENTIRELY AT
YOUR SOLE RISK. POLLPALS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND
THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN
CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF POLLPALS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.
DISPUTES
The Terms of Use, your access and
use of the Site and the Pollpals Services and the relationship between you and Pollpals
is governed by the laws of the state of
11.
INDEMNITY
You shall indemnify and hold
harmless, and at Pollpals' request defend, Pollpals and its parents,
subsidiaries, affiliates and service providers, as well as their respective
owners, directors, officers, shareholders, employees, agents and owners (each,
an "Indemnified Party") from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs and expenses (including
reasonable attorneys' fees, an allocation for in-house counsel, and other legal
costs) arising out of your acts or omissions, including claims resulting from:
(i) your use of or access to the Site, Site Content or Pollpals Services; (ii)
any breach of your obligations, representations or warranties set forth in
these Terms of Use; or (iii) your violation of any rights of others. You shall
reimburse each Indemnified Party on demand for any costs, expenses and
liabilities incurred by such Indemnified Party to which this indemnity relates.
12.
OTHER
Linking To or From the Pollpals Web
Site: Pollpals is not responsible for any content, advertising, products,
services or other materials on or available from web sites that are linked to
or from Pollpals (including without limitation web sites that may be linked to
by another User, and which may be reached by you as part of a search you
conduct using the Pollpals Services). Pollpals is not 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 content, advertising,
products, services or other materials on those web sites. The sites displayed
as search results or linked to by the Pollpals Services are developed by people
over whom Pollpals exercises no control, and Pollpals may not screen the sites
before including them it's site. Usings the Pollpals
Services may produce results and links to sites that some people find
objectionable, inappropriate, or offensive. We cannot guarantee that usage on a
Pollpals will not locate unintended or objectionable content and assume no
responsibility for the content of any site included in any search results or
otherwise linked to by the Pollpals Services.
Miscellaneous: Pollpals'
relationship is not one of agency or partnership and neither you nor Pollpals
shall be deemed to be a partner, employee, fiduciary, agent or representative
of the other by your use of the Site. You may not sell,
trade, lease, assign or otherwise transfer your rights hereunder to any third
party. Pollpals may assign its rights and duties under these Terms of Use
without such assignment being considered a change to the Terms of Use and
without notice to you. The Terms of Use are severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall
still be enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any other
remaining provisions. If Pollpals fails to enforce any provision of the Terms
of Use, it shall not constitute a waiver of such provision. The Terms of Use
will inure to the benefit of Pollpals' successors, assignees and licensees. The
Terms of Use, the Privacy Statement and the documents incorporated by reference
(including without limitation the Member Subscription Agreement, if you decide
to subscribe to Pollpals fee based service), and any modifications by Pollpals
to the foregoing, constitute the entire understanding between Pollpals
regarding your access to, license and use of the Site and the Pollpals Services,
and they supersede any prior agreements, statements or representations with
respect to the same. Pollpals may provide you with notices by
either, email, postal mail, or postings on the Site. Notices given by
you to Pollpals must be given by e-mail and addressed to customerservice@pollpals.com,
or by postal mail.
Acknowledgment
You acknowledge that (a) you have
read and understood these Terms of Use; (b) these Terms of Use have the same
force and effect as a signed agreement; (c) you have the requisite power and
authority to agree to, deliver and perform these Terms of Use and to consummate
the transactions contemplated hereby; and (d) these Terms of Use have been duly
authorized, agreed to and delivered by you, constitute your legal, valid and
binding obligation, and are enforceable against you in accordance with the
terms and conditions herein.
Contact
Information
If you have any questions regarding
these Terms of Use or the Site, please contact Pollpals at customerservice@pollpals.com.