Terms of Use Agreement

Welcome to Pollfest.com (“Pollfest”, “we”, “site”), a poll-based online community where the contents are user-generated, opinions are welcomed and differences are respected. Your participation in this site constitutes your agreement to be bound by these Terms of Use (“Terms”, “Agreement”) and to abide by all applicable laws, regardless of whether you are a registered user (“member”) of this site. Pollfest reserves the right to change these Terms from time to time and at its sole discretion without prior notice. Revised Terms take effect when they are posted. Your continued use of the site after any such changes signifies your acceptance of the revised Terms. Please read this Agreement carefully, as it applies to anyone accessing Pollfest. If you (“user”) do not wish to be bound by these Terms, please discontinue using this site. If you wish to become a member and utilize the features offered by Pollfest, then you must read and accept this Agreement plus our Privacy Policy during the sign up process.

Eligibility, Membership and Security

Use of and membership in Pollfest is void where prohibited. By using Pollfest, you represent and warrant that you are over 13 years of age or older, all registration information you submit are truthful, accurate and will be maintained current, and you will abide by our Terms as well as any applicable law or regulation. You agree not to register for more than one account, nor register on behalf of another person or group, nor impersonate any person or entity. You may cancel your membership at anytime and for any reason. Pollfest may terminate your membership at anytime, for any reason (including, but not limited to, misrepresentation in the registration data, user abuse or violation of user Agreement), with or without prior notice or explanation, and without liability. You are responsible for keeping your account password confidential and secure. You are also responsible for notifying Pollfest of any breach of security or unauthorized activities on your account. Pollfest is not liable for any damages or losses you suffer from unauthorized use of your account. Pollfest prohibits commercial advertisements within member profiles, and the collecting of usernames and/or email addresses for the purpose of sending unsolicited messages or junk mails. Pollfest reserves the right to take legal action for any abusive, unlawful or unauthorized use of Pollfest services. It is also prohibited to circumvent or modify any security technology, application or software that is part of Pollfest services; or to introduce viruses, worms or any other computer codes/files/programs that alter, interrupt or damage the functionality of the computer and/or network/telecommunication equipment of other users; or to involve any type of illegal voting activity that may skew the results of the polls.

Site Contents and User Conduct

While using our site, please participate responsibly and choose your postings carefully. At anytime and in its sole discretion, Pollfest reserves the right to reject or remove any posting (including user profile), or to restrict or deny a user’s access to all or part(s) of the site, for any or no reason, with or without prior notice or explanation, and without liability. You are solely responsible for all the contents you post or display on the site, as well as all information you share or transmit through Pollfest to other users. You agree to be respectful of other users and not to make postings or submit materials that are false, unlawful, illegal, hateful, defamatory, derogatory, obscene, pornographic, threatening, harassing, offensive, or hurtful to Pollfest and its online community. You further agree not to make postings that encourage, incite or instigate criminal offense, whether local, state, national or international. Pollfest reserves the right to investigate, engage law enforcement and/or take appropriate legal actions against any user who violates this provision. User comments expressed on the site do not necessarily reflect the opinions or policies of Pollfest or its partners. We do not warrant, nor can we verify, the reliability or accuracy of the information transmitted through the site. Therefore, you understand and acknowledge that using of our site may expose you to some user contents that are invalid or objectionable, and you agree to indemnify and hold Pollfest harmless, and will not pursue any legal action against us. Some of the contents found in Pollfest may contain links to third party websites that are not owned nor controlled by Pollfest. Therefore, we assume no responsibility for anything pertaining to those websites, and are thus released from any liability arising from your use of the aforementioned websites. The statistics that proceed from our user-generated polls are by no means scientific, and they are intended primarily for the entertainment and consideration of our users.

Proprietary Rights

By posting on Pollfest, you warrant that you have full ownership of (or otherwise have the license, legal right or permission to) the content posted by you, that it does not violate any privacy laws, decency laws, confidentiality, copyright, proprietary right or any right belonging to someone else. It is your responsibility to pay royalty, fee or money to the owner of the intellectual property or content you post on the site. Pollfest does not endorse nor claim ownership to the user contents (which include, but are not limited to, texts, photos and images). However, by posting on the site, you hereby grant Pollfest the right to sublicense such contents royalty-free. And by creating or participating in the polls, you hereby grant Pollfest the right to use royalty-free the statistical results for promotional and/or commercial purposes - including, but not limited to, demographic research and marketing. The Pollfest logo, Pollcaster, as well as the site designs, graphics, icons and scripts are registered trademarks of Pollfest. They, along with all contents displayed on the site, cannot be copied, imitated, reproduced, framed, distributed, sold or used, in part or in whole, without prior written permission by Pollfest. The only exception is the content that you yourself legally own and have posted on the site. We respect the intellectual property of others. We do not allow infringement on Pollfest, and will remove any content that violates the rights of its owner. In the sole discretion of Pollfest, the membership of infringers may be terminated. It is likely that sometimes two or more polls on the site may be similar in topic, wording and answer choices. That does not necessarily constitute infringement by either party; most likely, it may just be a coincidence. If you have a compelling reason to believe that infringement has occurred and are troubled by it, we advise you first contact the other user(s) to resolve the issue. You acknowledge and agree that any feedback, comments, questions, ideas or any other information submitted by you to Pollfest are non-confidential and shall become sole property of Pollfest. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such submissions for any purpose, including commercial, without acknowledgment or compensation to you.

Member Disputes

Members are solely responsible for their own use of Pollfest services. Communications or interactions with other users are considered private matters. Therefore, we reserve the right, but are not obligated to monitor or interfere in your personal affairs.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which describes how Pollfest treat your personal information.

Disclaimers

You agree to use Pollfest at your own discretion and risk. To the fullest extent permitted by law, Pollfest and its partners disclaim all warranties, express or implied, in connection to the site and your use thereof. Pollfest makes no warranties or representations about the accuracy or completeness of the contents transmitted through this site, or the contents of other sites linked to Pollfest. We assume no responsibility nor liability for: any errors or inaccuracies of content; any personal injury, property damage of any nature, or loss of any kind resulting from your use of Pollfest; any unauthorized access to our server (or its illegal use) and/or any personal or financial data or information stored therein; any interruption or cessation of transmission to or from our site; any bugs, viruses, Trojan horses or the like which may be transmitted to or through Pollfest by a third party. Pollfest does not endorse, warrant, guarantee or assume responsibility for any product or service advertised on the site, or offered by a third party through the site. Pollfest does not participate in, nor is it responsible for, any transaction between you and other users or third party providers. It is your responsibility to exercise discretion, judgment and caution when using the site.

Limitation of Liability

Pollfest and its partners will in no circumstance be liable to anyone for any loss or damages, whether direct, indirect, consequential, incidental, exemplary, special or punitive, including for any lost profit/data arising from your use of Pollfest services, even if the site is aware or has been advised of the possibility of such damages. You hereby acknowledge that Pollfest will not be liable for user submissions, or the defamatory, illegal or offensive conduct of any user or third party, and that any risk of harm from the foregoing rests entirely with you. Pollfest is operated from the State of California in the United States of America. By using our site, you agree that California laws will govern these Terms, without regard to principles of conflict of laws. Those accessing or using Pollfest outside of the United States of America do so at their own will, and are responsible for compliance with local law and jurisdiction.

Indemnity

You agree indemnify and hold Pollfest, its employees, its parent corporation, its partners and its agent harmless from and against any and all claims, damages, liabilities, losses, costs, expenses, debts and obligations (including, but not limited to, attorney fees) arising from: your use of Pollfest, your abuse or violation of the user Terms, your violation of any third party right, or any claim by a third party that damages have resulted from one of your content submissions. This defense and indemnification obligation will survive these Terms and your use of Pollfest.

 
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