Terms and ConditionsFor PollPals.com owned by Trinity Intel Media, LLC. Last Updated: March 6, 2013.
1. ACCEPTANCE OF TERMS
2. CHANGE TO TERMS AND POLLPALS SERVICES
PollPals is not intended for children under 18 years of age. We do not knowingly collect Personal Information from children under 18. If we become aware that a user under the age of 18 has registered or is attempting to register on the Site, we will notify the user that he or she is not eligible for registration. We will then delete any related Personal Information from our records.
4. NO DATA MINING OR RESALE OF DATA PERMITTED
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 email 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 website 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 website; 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 immediately refuse or remove any User Content on the Site and to edit or delete any objectionable material in PollPals' sole discretion. 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 PollPals may investigate the matter further. PollPals reserves the right, however, to take no further action.
It is PollPals' policy not to allow for any objectionable or unlawful material to be posted on the Site. PollPals 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 PollPals 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), PollPals asks 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 of the material on the Site; (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 PollPals.
You must not, and by using the Site or PollPals Service, you agree not to, directly or indirectly (e.g., by linking to another website or service) do any of, but not limited to, the following things:
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 email 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;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
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; and
Delete or revise any material posted by any other person or entity.
6. COPYRIGHT POLICY
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.
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, are set forth 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 sole property of PollPals and / 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.
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 on 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 email 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. PollPals' Designated Copyright Agent to receive your notification is:
Intellectual Property Complaints - Trinity Intel Media, LLC
1507 7th Street # 687
Santa Monica CA, 90401
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 email addresses, to send email to any person, must fully comply with all federal and state laws with respect to unsolicited email.
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. PollPals is not responsible or liable in any manner for any User Content or third party applications, software or content posted on the Site or in connection with the PollPals Services, whether posted or caused by Users of the Site, by PollPals, by third parties or by any of the equipment or programming associated with or utilized in the Site or the PollPals Services. PollPals does not control and is not responsible for what Users post, transmit or share on the Site and is not responsible for any offensive, inappropriate, unlawful, obscene or otherwise objectionable content you may encounter on the Site or in connection with any User Content or third party applications, software or content. PollPals is not responsible for the conduct, whether online or offline, of any User of the Site or PollPals Services. The Site and the PollPals Services may be temporarily unavailable from time to time for maintenance or other reasons. PollPals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
PollPals is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, providers, servers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Service, including without limitation any mobile software. Under no circumstances will PollPals be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or third party applications, software or content posted on or through the Site or the PollPals Services or transmitted to Users, or any interactions between Users of the Site, whether online or offline. All of the aforementioned services, the Site, the PollPals Services including without limitation mobile services are provided on an as-is basis. PollPals hereby expressly disclaims any and all representations and warranties, whether express or implied, including without limitation warranties of title, fitness for a particular purpose, merchantability or non-infringement. PollPals does not and cannot promise certain results from use of the Site and/or PollPals Services and/or of any platform applications. Nor does PollPals represent or warrant that content or materials on the Site, software or the PollPals Services or any platform applications are complete, accurate or error-free or that the Site or its servers or any platform applications are free from viruses or other harmful elements. EXERCISE CAUTION AND FORETHOUGHT IN DOWNLOADING ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, LOCATE AND ERADICATE VIRUSES. WITHOUT LIMITING ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN RISK AND DISCRETION AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH SERVICE AND PLATFORM APPLICATIONS AND ANY DAMAGES TO YOUR MOBILE DEVICE, TELEPHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. PollPals hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site and any PollPals Services and platform applications offered through the Site at any time without notice.
9. LIMITATIONS ON LIABILITY
IN NO EVENT WILL POLLPALS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF POLLPALS IS AWARE OR HAS BECOME AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POLLPALS FOR THE POLLPALS SERVICES DURING THE TERM OF USE OF THE SITE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED ONE THOUSAND U.S. DOLLARS ($1,000). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO POLLPALS FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM POLLPALS, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Linking To or From the PollPalsSite: 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 its site. Using the PollPals Services may produce results and links to sites that some people find objectionable, inappropriate, or offensive. PollPals 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.
, or by postal mail to 1507 7th Street # 687
Santa Monica CA, 90401
Other Agreements: Please note that, if you sign up for one or more features of the PollPals Services that are provided by third parties or any of the widgets and applications that may be listed or marketed on PollPals.com (collectively, "Third Party Features"), then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement. You may find a link to the current version of the terms of service for some of our third party service providers here .
PollPals may be required by federal or state law to notify you of certain occurrences. You hereby acknowledge and consent that such notices will be effective upon PollPals’ posting them on our sites or by delivering them to you via email. You may update your email address by visiting the Site where you have provided your contact information. If you do not provide PollPals with accurate information, PollPals cannot be held liable if PollPals fail to notify you. You have the right to request that PollPals provide such notices to you in paper format, and may do so by contacting PollPals at: customerservice@PollPals.com
PollPals’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between PollPals and you and govern your use of the Site, superseding any prior agreements that you may have with PollPals. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.