Terms and Conditions of Use
1. Acceptance of Terms
2. General Use
- You do not modify, disassemble or alter any part of the Website or software used by or for the Website.
- 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.
- 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.
- You do not collect, harvest or store personally identifiable information from the Website.
- You do not use communication systems provided by us (i.e. poll comments) for commercial solicitation or similar activities.
- You do not violate any pertinent laws or regulations, or infringe the rights of any third party.
- We reserve the right at any time to discontinue any part of the diPoll Website.
3. diPoll User Accounts
- 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.
- 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.
- 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.
- You may not at any time use another user's Account without their permission.
4. Account Suspension or Termination
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
- 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.
- 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.
- You understand and agree that diPoll may retain server copies of User Submitted Content that has been deleted.
- You are solely responsible for any and all consequences resulting from submitting or publishing your User Submitted Content.
- You agree you will not submit any User Submitted Content that is contrary to any pertinent local, national or international laws or regulations.
- 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:
- is pornographic or contains sexually explicit content (including nudity),
- contains graphic or gratuitous violence,
- conveys a message of hate against any individual or group based upon their race, religion, age, gender, nationality, sexual orientation or language,
- encourages or glorifies drug use,
- solicits other users for passwords or personally identifiable information,
- contains any of your personal contact information,
- is predatory in nature, or is submitted for the purpose of harassment,
- contains misleading poll choices or images,
- is highly repetitive and/or unwanted, including "Spam" messages.
- 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.
- 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
- 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.
- Systematic retrieval of data or content from our Website to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.
- 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.
- 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.
12. Capacity to Accept Terms
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.
- 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.