TERMS AND CONDITIONS OF USE


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Terms and Conditions of Use

1. Acceptance of Terms

The web site www.dipoll.com (the "Website" or "diPoll Website") is owned and operated by diPoll ("we", "us", "our"). By visiting and/or using the Website, you indicate your acceptance of these terms and conditions ("Terms of Use") and of diPoll's privacy policy ("Privacy Policy") which may be found at www.dipoll.com/privacy.php. The terms "you" and "your" refer to each person who accesses the Website. You understand that these Terms of Use constitute a legal agreement between you and diPoll. If you do not agree with any of the terms in this document or the Privacy Policy, please do not use the diPoll Website.

At any time and at our sole discretion, we may modify or update the Terms of Use or Privacy Policy. Your acceptance of these modifications or updates is indicated by your continued use of the Website. You are therefore encouraged to periodically review the most recent version of the Terms of Use, which may be found at www.dipoll.com/terms.php.


2. General Use

You may access and use the diPoll Website as described in the Terms of Use, so long as:

  1. You do not modify, disassemble or alter any part of the Website or software used by or for the Website.
  2. You do not use any part of the diPoll Website for commercial use without our prior and expressed written approval. Approved commercial uses, unless otherwise approved in writing by diPoll, are limited to: creating an upgraded poll through the Website to promote your business, or placing an embedded poll (unmodified and unblocked) on an ad-supported blog or website.
  3. You do not use any automated system to access the website which sends requests to the diPoll server at a higher rate than a human could reasonably send. Further, you may not use any automated system to create accounts, create polls, cast votes or place comments.
  4. You do not collect, harvest or store personally identifiable information from the Website.
  5. You do not use communication systems provided by us (i.e. poll comments) for commercial solicitation or similar activities.
  6. You do not violate any pertinent laws or regulations, or infringe the rights of any third party.
  7. We reserve the right at any time to discontinue any part of the diPoll Website.

3. diPoll User Accounts
  1. In order to access certain functions on the Website, such as commenting and the creation of polls, you are required to sign up for a diPoll user account (your "Account"). You must provide accurate, complete information during the signup process.
  2. You are responsible for maintaining confidentiality of your username and password, and you are solely responsible for any activity which occurs using your Account. You must immediately notify us if you suspect a breach of security or unauthorized use of your Account.
  3. We are not liable for any losses or damages you may incur as a result of unauthorized use of your Account. However, you may be liable for losses sustained by diPoll or others due to such unauthorized use.
  4. You may not at any time use another user's Account without their permission.

4. Account Suspension or Termination

Your use of our Website is with our permission, which may be revoked at any time and for any reason. You agree that at our discretion, we may suspend or permanently terminate your access to the Website for any reason, including but not limited to a breach of these Terms of Use. You understand that such a termination may result in permanent deletion of user data and content, and you agree that we are not liable to you or to any third party for losses or damages incurred as a result of your access to the Website being terminated. In addition to terminating access to a user account, we reserve the right to block certain IP addresses at our sole discretion.


5. Third Party Content

The diPoll Website may contain third party content, either embedded within the Website or accessible through links. This content is not owned or controlled by diPoll, and we assume no responsibility for the content or practices of any third party website. You agree that you assume all risk when accessing third party content, and relieve diPoll from any and all liability resulting from its access and/or use.


6. User Submitted Content
  1. By using your Account to access the Website you have the ability to create polls (your "User Polls"), including the ability to upload images and specify poll choices and descriptions, and submit textual content (your "Comments"). User Polls and Comments are collectively referred to as "User Submitted Content". By submitting any User Submitted Content to our Website, you affirm and warrant that you own the necessary licenses, rights and permissions to authorize diPoll to use the content in the manner allowed by the diPoll Website and these Terms of Use without infringing upon or violating the rights or licenses of any third party.
  2. When submitting User Submitted Content to us, you retain all ownership rights. However, when you submit User Submitted Content, you also hereby grant diPoll (and our affiliates and successors) a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, promote, display, perform, modify, prepare derivative works of, and distribute your User Submitted Content in any media format and through any media channel for any purpose.
  3. Additionally, when submitting User Submitted Content to us, you hereby grant each user of the diPoll Website a non-exclusive license to use, distribute, perform and display your User Submitted Content as permitted by these Terms of Use and by the functionality of the diPoll Website.
  4. When submitting User Submitted Content to us, you hereby waive any and all moral rights you may have in relation to your User Submitted Content.
  5. You understand and agree that diPoll may retain server copies of User Submitted Content that has been deleted.
  6. You are solely responsible for any and all consequences resulting from submitting or publishing your User Submitted Content.
  7. You agree you will not submit any User Submitted Content that is contrary to any pertinent local, national or international laws or regulations.
  8. You further agree you will not submit any User Submitted Content that is subject to copyright or other intellectual or proprietary rights unless you are the owner of such rights or have the permission from the owner of such rights and have the capacity to grant diPoll all license rights granted above. Additionally you agree that you will not submit any User Submitted Content including but not limited to any content that:
    1. is pornographic or contains sexually explicit content (including nudity),
    2. contains graphic or gratuitous violence,
    3. conveys a message of hate against any individual or group based upon their race, religion, age, gender, nationality, sexual orientation or language,
    4. encourages or glorifies drug use,
    5. solicits other users for passwords or personally identifiable information,
    6. contains any of your personal contact information,
    7. is predatory in nature, or is submitted for the purpose of harassment,
    8. contains misleading poll choices or images,
    9. is highly repetitive and/or unwanted, including "Spam" messages.
  9. We are under no obligation to publish your User Submitted Content, and reserve the right to modify or delete any User Submitted Content at any time without any prior notice, at our sole discretion.
  10. You understand that over the course of using the diPoll Website, you may be exposed to User Submitted Content from many sources that may be offensive, inaccurate or indecent and that diPoll is not responsible for the safety, accuracy, intellectual property rights, or appropriateness of any of such User Submitted Content. In relation to such User Submitted Content, you hereby waive any legal rights or claims you may have against diPoll, its owners, operators, and/or affiliates. diPoll expressly disclaims any and all liability in connection to User Submitted Content.

7. Copyright Policy

diPoll will remove material that is deemed to be infringing upon the proprietary rights of third parties. Repeat offenders (users who repeatedly submit material that infringes copyrights) will have their access to the Website terminated at our sole discretion.

If you believe that material for which you own intellectual or proprietary rights is present on the Website in the form of User Submitted Content in a manner which constitutes copyright infringement, you may notify diPoll at www.dipoll.com/contactus.php. Ensure that you follow all instructions under the "Copyright Infringement" dropdown subject.


8. Proprietary Content
  1. You acknowledge and agree that all content and materials available on the diPoll Website, excluding User Submitted Content, are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights, owned by or licensed to diPoll, and that their use is restricted by these Terms of Use.
  2. You agree not to sell, duplicate, edit, license, translate, distribute, transmit, publish, perform, rent, publicly display, create derivative works of or exploit for any reason the content and materials available on our Website without diPoll's prior expressed written permission. Permission may be requested by emailing us at www.dipoll.com/contactus.php.
  3. Systematic retrieval of data or content from our Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.
  4. You are permitted to publish ordinary links to our homepage and other sections of the Website without written permission, so long as it is not done in a manner which is misleading or inaccurate.
  5. diPoll reserves all rights not granted in and to the content and materials available on the diPoll Website.

9. Disclaimer of Warranties and Conditions

YOU AGREE THAT YOUR USE OF THE DIPOLL WEBSITE SHALL BE AT YOUR OWN AND SOLE RISK. OUR SERVICE AND ALL CONTENT ON THE DIPOLL WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY LAW, DIPOLL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. DIPOLL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ERRORS OR DEFECTS IN DATA OR SOFTWARE WILL BE CORRECTED, AND DO NOT ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. DIPOLL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF OUR WEBSITE, FROM CONTENT POSTED, EMAILED OR OTHERWISE MADE AVAILABLE ON THE DIPOLL WEBSITE, OR FROM THE INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE, (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (C) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (D) ANY INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE WEBSITE, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR (F) ANY UNAUTHORIZED USE OF PERSONAL INFORMATION DISCLOSED TO A THIRD PARTY. DIPOLL DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE OFFERED OR ADVERTISED THROUGH THE DIPOLL WEBSITE.


10. Limits on Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL DIPOLL, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (A) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF OUR WEBSITE, FROM CONTENT POSTED, EMAILED OR OTHERWISE MADE AVAILABLE ON THE DIPOLL WEBSITE, OR FROM THE INTERACTIONS BETWEEN USERS, WHETHER ONLINE OR OFFLINE, (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (C) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (D) ANY INTERRUPTION OR CESSATION OF SERVICE OR OF TRANSMISSION OF THE WEBSITE, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR (F) ANY UNAUTHORIZED USE OF PERSONAL INFORMATION DISCLOSED TO A THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL THEREFORE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


11. Indemnity

You agree to defend, indemnify and hold diPoll, its parent, officers, directors, employees and agents, harmless from and against any and all claims, demands, expenses (including but not limited to reasonable attorneys' fees), damages, causes of action, obligations, liabilities, and costs or debt arising out of, or asserted in connection with your use of and access to (or inability to use) the diPoll Website, your violation of any of these Terms of Use, your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or any claim that one of your User Submissions caused damage to a third party. We reserve the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. This defence and indemnification obligation will survive these Terms of Use and your use of the diPoll Website.


12. Capacity to Accept Terms

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use, and to abide by and comply with all of the terms and conditions set forth herein. In any case, you affirm that you are over the age of 13, as the diPoll Website is not intended for children under 13.


13. International Use

diPoll does not represent that any content or materials available on this Website are appropriate or available for use in any specific location. Accessing the Website in any locations where it is illegal is prohibited. Accessing our Website from any location is done at your own risk, on your own initiative, and you agree that diPoll will assume no liability for such use and that you are responsible for compliance with local law.


14. Other
  1. These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by diPoll without restriction.
  2. If any parts of these Terms of Use are deemed unenforceable or invalid, that portion shall be construed in a manner consistent with applicable law and that reflects as closely as possible the original intention of the agreement, and all remaining portions of these Terms of Use will remain in full force and effect.
  3. The Disclaimer of Warranties and Conditions, Limits on Liability, and Indemnity provisions of these Terms of Use shall survive indefinitely should these Terms of Use be terminated.
  4. TO THE FULLEST EXTENT ALLOWED FOR BY LOCAL LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE DIPOLL WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  5. These Terms of Use constitute the entire agreement between you and diPoll with respect to your use of our Website. These Terms of Use will supersede any and all prior agreements or understandings, whether oral or written, between you and diPoll.
  6. You and diPoll confirm it is their wish that this agreement as well as any other documents relating to or arising from these Terms of Use shall be drawn up in the English language only.
  7. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent that the courts of the Province of Ontario, located in the city of Toronto, will be the sole and exclusive jurisdiction and venue for any legal proceedings resulting from or relating to your use of the diPoll Website or these Terms of Use.