YouPolls WebsiteThese Terms of Service apply to all users of the YouPolls Website, including users who contribute any content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by YouPolls. YouPolls is not affiliated with those websites, has no control, thereon and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouPolls will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release YouPolls from any and all liability arising from your use of any third-party website.
Website Access and Use
- In order to access some features of the Website, you will have to create an member account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouPolls immediately of any breach of security or unauthorized use of your account. You will be liable for any unauthorized use made of your account or password and the losses of YouPolls or others due to such unauthorized use. YouPolls will not be liable for your losses caused by any unauthorized use of your account.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the YouPolls servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- YouPolls grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouPolls reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
- YouPolls has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
Intellectual Property RightsThe content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, and interactive features collectively ("Content") and the trademarks, service marks and logos contained therein collectively ("Marks"), are owned by or licensed to YouPolls. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without YouPolls prior written consent. YouPolls reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
- The Website may now or in the future permit the submission of polls or content submitted by you and others users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, YouPolls does not guarantee any confidentiality with respect to any User Submissions. YouPolls has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one YouPolls program to another program or portion of the Website.
- You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to YouPolls, you hereby grant YouPolls, in addition to any other rights which it has pursuant to any other program established by YouPolls, a worldwide, non-exclusive and transferable license to use, and copy.
- You, also, hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
- You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post as User Submission and to grant YouPolls all of the license rights granted herein; (ii) publish 0hoods or misrepresentations that could damage YouPolls or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or missstate your 1 identity. YouPolls does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouPolls expressly disclaims any and all liability in connection with User Submissions.
- You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that YouPolls is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against YouPolls with respect thereto, and agree to indemnify and hold YouPolls, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
If you believe that your Content has been copied in a way that constitutes copyright infringement, provide YouPolls Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Website, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
By email: admin@YouPolls.com
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
DisclaimerYOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUPOLLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUPOLLS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. YOUPOLLS DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND YOUPOLLS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of LiabilityIN NO EVENT SHALL YOUPOLLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUPOLLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUPOLLS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
AssignmentThese Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouPolls without restriction.
Updated: July 1, 2007