Terms of Service
LAST REVISION: [01-JAN-2018]
POLLFORX, ("POLLFORX") welcomes you to its website and any related webpages, mobile sites and platforms (collectively, including all content and functionality available through the pollforx.com domain name, the "Site"). This Terms of Service ("Terms of Service" or "Agreement") is a legal and binding agreement between POLLFORX and you that governs your use of the services available through the Site (the "Service").
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SURVEYPLANET, PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. If you do not agree to these Terms of Service, you have no right to obtain information from or otherwise continue using or accessing the Service. BY ACCESSING THE SITE OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO BE BOUND BY THIS TERMS OF SERVICE AND POLLFORX'S PRIVACY POLICY AND ANTI-SPAM POLICY. IF YOU DO NOT AGREE TO ALL OF THEIR RESPECTIVE TERMS, PLEASE DO NOT USE ANY PART OF THE SITE OR SERVICE AS YOU DO NOT HAVE POLLFROX'S AUTHORIZATION.
Registration and Eligibility
You are required to register on the Site for an account ("POLLFORX Account") to access and use the Service. In registering for a POLLFORX Account you represent and warrant that: (a) you are of legal age to form a binding contract and that you, or if you are registering on behalf of a person or entity, are authorized to register for the Service; (b) all information provided to POLLFORX is true, accurate and complete; and (c) you are the authorized signatory of the credit or charge card provided to POLLFORX to pay the Fees (as defined below). POLLFORX reserves the right in its sole discretion to refuse service, terminate or suspend accounts, and change any content as it sees fit, without prior notice or liability to you.
You expressly agree: (i) that POLLFORX has the right to suspend and/or terminate your account and refuse any and all current or further use of the Service if POLLFORX determines, in its sole discretion, that any information you provide is untrue, inaccurate, not current and/or incomplete; (ii) to protect your username and password at all times; (iii) to notify POLLFORX immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns; and (iv) that POLLFORX shall not be responsible for unauthorized access to or alteration of your data. POLLFORX is not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, POLLFORX may find it necessary to access your account. For instance, POLLFORX may access your account for support, maintenance or security-related reasons. In such event, POLLFORX will, if possible, provide you notice of its intent to use your username and password to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
License and Access
POLLFORX grants you a limited license to access and make personal use the Site and the Service. Subject to the terms of this Agreement and upon your registration for a POLLFORX Account, POLLFORX hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Service and the Site. All POLLFORX content that is made available to view and/or download in connection with the Service is owned by and is a copyrighted work of POLLFROX and/or is suppliers and is licensed, not sold.
For users who register an account and create and conduct a poll through the Service (hereafter, "Poll Creators"), POLLFORX grants Poll Creators a license to disclose and share the survey questions, responses and results with their friends, colleagues, and other third parties. Except as otherwise provided, this limited license does not include any copying or downloading of any information from the Site for yourself or any other third party's benefit. You may not data-mine or use any robots for any purpose including but not limited to extracting data or other information from the Site. Should you violate any of these policies outlined in this Agreement, POLLFORX may terminate your access.
Proprietary Rights
Except for the limited license expressly granted herein, all right, title and interest in and to the Site, the Service and other content and materials related thereto and the technology and infrastructure used to provide them, are proprietary to POLLFORX and shall at all times remain the sole and exclusive property of POLLFORX and are protected by applicable intellectual property laws and treaties. All data and information related to the Site or collected by way of the Service on any website (the "Data"), other than poll data and information from poll creators and recipients, shall be the sole and exclusive property of POLLFORX. You acknowledge that you do not acquire any ownership rights in or to the Service or the Data, and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or through the Site or Service. All rights not expressly granted to you herein are reserved by POLLFORX.
User Content
You acknowledge and agree that: (a) all poll questions, responses, information, data, text, software, music, sound, photographs, images, video, poll responses, messages or other materials communicated or transmitted using the Site and the Service (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from who such User Content originated; (b) you, and not POLLFORX, shall be responsible for all User Content that you upload, post, email, distribute, communicate, transmit, or otherwise make available using the Site and the Service or that is otherwise made available through the use of your account, whether or not authorized by you; (c) by using the Site and the Service, you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, indecent, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (d) POLLFORX may use any User Content publicly transmitted on the Site or in the Service in whole or in part in any form; (e) you automatically grant (or represent and warrant that the owner of such User Content has expressly granted) POLLFORX a perpetual, irrevocable, non-terminable, worldwide, fully paid, royalty-free, non-exclusive, worldwide license to use, copy, distribute, publicly display, modify, make derivative works, and sublicense any User Content you publicly submit or make available through the Site.
POLLFORX does not control the User Content originating from users, respondents to user polls, or other users of the Site and the Service, and does not guarantee the accuracy, integrity, or quality of such User Content. POLLFORX reserves the right to delete any User Content from its databases at any time and from time to time without notice to you. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to the Site or received by you through the use of the Service. POLLFORX shall not be liable for any purging, deletion, or failure to retain any such User Content.
You warrant, represent and agree that you will not contribute any User Content or otherwise use the POLLFORX Site in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) adversely affects or reflects negatively on POLLFORX’s goodwill, name or reputation or causes duress, distress or discomfort to POLLFORX or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the POLLFORX Site, or from advertising, liking or becoming a supplier to use in connection with the POLLFORX Site; (v) sends or results in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called 'spamming"; (vi) transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely reports to an employee or agent of POLLFORX; (viii) circumvents, disables or otherwise interferes with security-related features of the Site or its features that prevent or restrict use or copying of any content; and/or (ix) intercepts or attempts to intercept email or other private communications not intended for you. While it is not the intent of POLLFORX to discourage you from reporting problems about the the Service, nonetheless, POLLFORX reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if POLLFORX is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Restrictions
You shall not: (i) use, or allow the use of, the Service, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner to disseminate material, topics, content or questions in any format (images, audio, video, text) that are defamatory, profane, explicitly sexual in nature, pornographic, indecent, obscene and unlawful, including but not limited to hate speech (including but not limited to racial, ethnic and religious slurs), illegal drugs and child pornography (iii) attempt to reverse engineer, hack into, or comprise any aspect of the Service; (iv) use, reproduce, modify or create derivative works of the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (vi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service; or (vii) transfer, lease, lend, sublicense, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your username and/or password. POLLFORX reserves the right in our sole discretion to terminate your account and/or access to the Service if you violate this Section or breach any other term of this Agreement, or for any reason or no reason at all.
Communication
POLLFORX can communicate with you electronically either by posting information on the Site or by sending you emails. You consent to receive communications electronically from POLLFORX and its affiliates. You agree that all communications provided electronically satisfy any conditions or requirements that they be provided electronically.
Privacy
POLLFORX considers its users" privacy to be of the utmost importance. Please see POLLFORX Privacy Policy for a detailed description of our information gathering and dissemination practices for the Site.
Disclaimers
Disclaimer of Warranties
POLLFORX does not represent or warrant that (a) the Service will be error-free or accessible at all times, (b) defects will be corrected, (c) the Service or the server that makes it available, are free of viruses or other harmful component, or (d) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. POLLFORX does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond POLLFORX’s control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where POLLFORX or your servers are located or co-located.
YOUR USE THE SERVICE AND THE SITE AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY POLLFORX, OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE AND THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. POLLFORX DOES NOT WARRANT THAT THE SERVICE AND THE SITE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. ALL MATERIALS DOWNLOADED AND/OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY DAMAGE, TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Disclaimer of Third Party Content
You understand that when using the POLLFORX Site, you will be exposed to other users" comments and third party content from a variety of sources, and that POLLFORX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other clients" comments or third party content. Statements made in the POLLFORX Site, newsgroups, message boards, email, forums, and/or conferences, if any, reflect only the views of their authors. Forum managers, forum hosts, and/or content providers, if any, appearing on the POLLFORX Site are not authorized POLLFORX spokespersons, and their views do not necessarily reflect those of POLLFORX, and POLLFORX does not endorse any client comments or any opinion, recommendation, or advice expressed therein. You further understand and acknowledge that you may be exposed to other users" comments and third party content that may be defamatory, offensive, indecent, inaccurate, obscene, pornographic or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against POLLFORX with respect thereto. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links. You agree that the Service may include advertisements and that these advertisements are necessary for POLLFORX to provide the POLLFORX Service. You further understand that the Service may include certain communications from POLLFORX that you cannot opt out of receiving.