2. USE CONSTITUTES ACCEPTANCE
4. PROTECTION OF MINORS
You must be at least 18 years of age to register for an account and make use of all PollDeep’s services. By registering with the Site you warrant and represent you are at least 18 years of age. If you are not 18 years of age or older you must not register.
If you use PollDeep to poll individuals under 18 years of age you must comply with all applicable laws in your jurisdiction, including any privacy laws that control the collection of personal or other information from minors. You agree to defend, indemnify and hold us and our officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on your use of the Site to poll minors.
Anyone may visit and view the Site but you must register and create an account in order to use the Site services such as conducting and viewing polls. During registration, you will be required to provide contact information, consisting of your first and last name, an email address, and a password. As use of Site services that requires a paid subscription, you are also required to provide your payment information, such as your name, credit or debit card information, billing information, and, if applicable, your PayPal account username and address (if different from your email address). You are required to provide accurate and complete information. You may also be asked to provide login information for any social media accounts you wish to connect to your PollDeep account.
6. ACCOUNT AND PASSWORD SECURITY
You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. PRIVACY, PERSONAL INFORMATION AND COOKIES
8. OWNERSHIP AND INTELLECTUAL PROPERTY
You obtain no ownership of or interest in the Site, our services or any of our hardware or software or any of our intellectual property or any other PollDeep.com assets, other than in accordance with these Terms. No intellectual property or other ownership rights, including but not limited to copyright, trademarks, website design, text, graphics and source code, in the Site or the services from us to you as a result of these Terms.
9. COPYRIGHT CLAIMS BASED ON USER CONTENT
The Site is protected by international safe-harbor provisions for online service providers in line with international best practice such as the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA). We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the website, please contact us by email to firstname.lastname@example.org with the following information:
The name and address of the complaining party.
A description of the infringing materials and their Internet location, usually the URL.
Sufficient information to identify the copyrighted works.
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
10. YOUR REPRESENTATIONS AND WARRANTIES
By using the Site and Services you warrant and represent that have the right, authority, and capacity to enter into a legal agreement with us and will abide by all of the terms and conditions of these Terms.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT IT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF ANY OTHER PARTY.
11. LICENCE TO USE OUR SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
You acknowledge that the features and services provided by us may change at any time without prior notice to you.
You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion.
You may only use the Site and Services for legal purposes and you must not use them for any illegal purposes.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
12. ACCEPTABLE USE OF OUR SERVICES
You may not:
use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility;
use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent;
access or otherwise interact with our Site or Services using any robot, spider or other automated means;
use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
13. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
14. CANCELLATION AND SUSPENSION OF YOUR ACCOUNT
We may suspend your account; cancel your account; and/or edit your account details at any time at our sole discretion without notice or explanation. You may cancel your account using the Site’s administration functions.
15. LICENCE TO HOST YOUR CONTENT
Except as otherwise provided elsewhere in these Terms, anything that you submit or post to the Site and/or provide us, including without limitation, polls, comments, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Content") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Content by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Content. All Content shall automatically become our sole and exclusive property and shall not be returned to you.
You may edit your Content to the extent permitted using the editing functionality made available by us.
You hereby waive all rights in your Content to the maximum extent permitted by applicable law and you warrant and represent that all other rights in your content have been waived to the maximum extent permitted by applicable law.
You expressly agree that any Content which you initially post in any private area of the Site and subsequently re-post in any public area of the Site is hereby deemed Public Content and that any Public Content which is subsequently re-posted by you in any private area of the Site shall remain Public Content.
Without prejudice to our other rights under these Terms, if you breach any term in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your Content.
16. RULES REGARDING YOUR CONTENT
You warrant and represent that your content will comply with these Terms. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, including polls and blog posts, and the use of your content by us in accordance with these Terms, must not:
be vilifying or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
national security or anti-terror legislation;
be in breach of any contractual obligation owed to any person;
depict violence, in an explicit, graphic or gratuitous manner;
contain child pornography or other illegal pornographic content;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
Intend to cause annoyance, inconvenience or needless anxiety to any person.
17. LINKS TO THIRD PARTY SITES
Our Site may feature links to websites operated by third parties. Such websites do not form part of the Site or Services and are not under our control. We do not accept any responsibility for the contents of any such third party website. If you link to any third party websites you leave our Site entirely at your own risk.
You may pay your registration fee to PollDeep using third party payment processors, such as PayPal, or credit cards (each, a “Payment Method”). Your Payment Method will be billed for the full amount of your registration fee at the time of the transaction. You expressly authorize us to charge the amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your credit card, PayPal account or other Payment Method you provided for the erroneous refund or reimbursement and you expressly authorize us to do so.
Charges to a third party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third party payment processor.
Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
Our website reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
19. LIMITED WARRANTIES
We do not warrant or represent:
the completeness or accuracy of any information published on or through the Site or Services;
that the material on the Site/Services is up to date; or
that the Site and/or Services will remain available.
We reserve the right to discontinue or alter any or all of our Services, and to stop publishing the Site at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Site and/or Services, or if we stop publishing the Site and/or Services.
To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these Terms, our Site and Services and the use of our Site and Services.
20. DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Site, Services and tools;
Delays or disruptions in our Site, Services, or tools;
Viruses or other malicious software obtained by accessing our Site, Services, or tools or any site, Services, or tool linked to our Site, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Site, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Site, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our Site or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Site to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE GUEST POST CONTENT ORDERED BY YOU. Our Site, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our Site assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Our Site periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of the Site (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Site, any Internet service providers or otherwise.
So far as the law permits, we disclaim all implied warranties, terms or conditions of satisfactory quality, merchantability or fitness for purpose. Neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the Site or Services. We shall not be liable for any indirect or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the Site or Services.
You agree to indemnify and hold harmless www.polldeep.com and its subsidiaries, licensors, affiliates, third party information providers, producers, employees, owners, operators, and agents, against any and all damages, losses, costs (including, but not limited to, legal fees), claims, suits, actions, or other proceedings brought against us based on or arising from any claim resulting from your breach of this Terms, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use or inability to use the Site or its content and its information, your use of the Services or your uploaded data, including any or all of your polls and/or blog posts. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. We reserve the right, at our sole discretion and at our sole expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by www.polldeep.com in the defense of any claims.
22. BREACHES OF THIS AGREEMENT
If you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
delete or block access to some or all of your content including polls and/or blog posts in our sole discretion;
send you one or more formal warnings;
temporarily suspend your access to the Site/Services;
permanently prohibit you from accessing the Site/Services;
block computers using your IP address from accessing the Site/Services;
contact any or all your Internet service providers (ISPs) and request that they block your access to the Site/Services;
commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account.
Where we suspend or prohibit or block your access to our websites and or software/applications or a part of our websites and or software/applications, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may revise these Terms from time to time. The revised Terms shall apply to the use of our Site and/or Services from the date of publication of the revised Terms on the Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.
You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
If any Term is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Terms will continue in effect. If any unlawful and/or unenforceable Term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Term will continue in effect.
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision.
27. GOVERNING LAW
28. EQUITABLE REMEDIES
You hereby agree that if any of these Terms are not specifically enforced, PollDeep will be irreparably damaged, and therefore you agree that PollDeep shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
29. INTERNATIONAL USE
We make no representation that content or functions of the Site are appropriate or available for use in locations outside Bermuda. If you choose to use the Site from a location outside Bermuda, you do so on your own initiative and you are responsible for compliance with local laws.
You can contact us for help by email to email@example.com.
31. RELATIONSHIP BETWEEN YOU AND US
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site and/or Services.
32. TITLES AND HEADINGS
Titles and headings are inserted in these Terms for reference purposes only, and must not be used to interpret the Terms.
33. NO THIRD PARTY BENEFICIARIES
Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you.
34. CONSENT TO RECEIVE NOTICES
You consent to receive notices and information from us in respect of the Site/Services by electronic communication. You may withdraw this consent by contacting us at firstname.lastname@example.org, but if you do so we may choose to suspend or close your account.
35. PROVISION OF NOTICES
We may provide you with notices, including those regarding changes to these terms by email, publication on the Site, or in any other way recognised by law.