Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of Polldaddy, offered by Polldaddy Ltd. ("Polldaddy"). Use of the software constitutes acceptance of this agreement. The software is available only to individuals who are at least 13 years old.
You expressly acknowledge and agree that the software contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of Polldaddy.
The license granted herein is nonexclusive, personal to you and nontransferable.
2.1. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of Polldaddy and any other owner of the Intellectual Property Rights in such Materials.
2.2. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the website and the information used, original source attribution, and the phrase "Used with permission from the owners and creators of Polldaddy" except for such other Materials which have been incorporated into Polldaddy by reference and as such require permission from the owners of such Materials.
2.3. If you reproduce Materials from the software, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
2.4. All copyrights and copyrightable materials which are a part of Polldaddy including, without limitation, the Polldaddy (TM) logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2013 Polldaddy Ltd. ALL RIGHTS RESERVED.
2.5. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Polldaddy (TM) or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
2.6. Polldaddy (TM), Polldaddy, Polldaddy.com, the Polldaddy (TM) logo, the Polldaddy logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Polldaddy Ltd., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Polldaddy Ltd.
2.7. Permission is granted to display and download Contents of Polldaddy for personal, non-commercial and informational use only; provided that you do not, without the permission of Polldaddy (TM) or the respective copyright owner, alter the Contents to display the Contents without the Polldaddy (TM) Copyright notice and these Intellectual Property Guidelines.
2.8. Any unauthorized use of intellectual property will terminate the user's subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of Polldaddy.
This Agreement is the entire agreement between the owners and creators of Polldaddy and you with respect to the software. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the owners and creators of Polldaddy waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Polldaddy's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
You agree NOT to use the Polldaddy software for any of the following purposes or activities:
4.1. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
4.2. Interference with or disruption to the software's services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
4.3. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
4.4. In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
4.5. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
4.6. To cause harm to minors;
4.7. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
4.8. To violate another's privacy;
4.9. To violate any applicable laws, statutes or regulations;
4.10. To stalk;
4.11. To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;
4.12. To use any robot, spider, or other automatic device, or manual process to monitor or copy Polldaddy content without Polldaddy (TM)'s prior express written permission;
4.13. To post a link, address or other contact to any site which is for any of the above purposes; or
4.14. To defame another individual or entity.
4.15. To create, duplicate or transmit any pornography
The owners and creators of Polldaddy may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the software, or terminate this Agreement and thus your rights to use the software, for any conduct or use (whether by you or anyone else using your version of the software) that the owners and creators of Polldaddy believe is a violation of this Agreement or for any other conduct or use that the owners and creators of Polldaddy believes is harmful to other users or to the website or the interests of the owners and creators of Polldaddy.
6.1. THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. Polldaddy AND Automattic EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.2. You expressly agree that your use of the software is at your sole risk. The owners and creators of Polldaddy do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of Polldaddy, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of Polldaddy for any purpose or give rise to any liability of Polldaddy (TM) whatsoever, and you agree that you will not rely on any such statement, information or advice.
6.3. Where the owners and creators of Polldaddy are a distributor, rather than a publisher, of Materials accessible through the software, the owners and creators of Polldaddy exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of Polldaddy or its content providers or licensors. Neither the owners nor creators of Polldaddy nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
6.4. Polldaddy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes. Polldaddy may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Polldaddy OR Automattic, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF Polldaddy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES Polldaddy'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.2. If, notwithstanding the foregoing, the owners and creators of Polldaddy were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of Polldaddy and the parties described in the next sentence (Polldaddy's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of Polldaddy in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of Polldaddy (TM)'s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the software, and each shall have the right to assert and enforce the provisions directly on their own behalf.
7.3 The resources on website's that can be accessed with hypertext links from or using Polldaddy are not maintained by Polldaddy (TM), and Polldaddy (TM) is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.
You agree to defend, indemnify and hold harmless the owners and creators of Polldaddy and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the software, or in connection with the placement or transmission by you of any material using the software except as expressly authorized in this Agreement.
The owners and creators of Polldaddy may give notice to you by electronic mail or by conventional mail. Notice by the owners and creators of Polldaddy shall be effective on the date that the owners and creators of Polldaddy make a good faith effort to reach you. You shall give notice to the owners and creators of Polldaddy as stated below. Notice by you shall be effective on the date that the owners and creators of Polldaddy actually receive the notice. Polldaddy Ltd, Business Innovation Center, IT sligo, Sligo, Ireland
By using the software, you are agreeing that the owners and creators of Polldaddy may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of Polldaddy.
For further information or support regarding this web site, you are encouraged to contact the owners at info [@] Polldaddy.com or by mail at: Polldaddy Ltd, Business Innovation Center, IT sligo, Sligo Ireland
12.1. By selecting an Upgrade you agree to pay Polldaddy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
12.2. Unless you notify Polldaddy before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the account page.
12.3. Polldaddy will have no obligation to provide a refund of upgrade fees however Polldaddy provide a 30 day refund policy on all annual subscriptions.
13.1. Unlimited polls, surveys and quizzes can be created in a user's account. An unlimited number of responses may be made in any poll, survey or quiz but we reserve the right to block any users who we deem to be using an unfair amount of our server resources or who submit an excessive amount of votes in a short period of time.
13.2. Individual voter data that is older than 3 months will be automatically deleted from our database.
13.3. We reserve the right to delete any free account that has not been logged into for 6 month or longer.
13.4. All polls created in the "Polldaddy Free" accounts will be submitted to our directory found at "http://polldaddy.com/community/". Only "Pro" accounts have the option to set their polls as private.
13.5. All acounts allow unlimited creation of content, but all accounts are limited by the bandwidth they generate. If you intend to use our content on sites that have over 8 million unique visitors per month you must contact us about using one of our Enterprise accounts.
14.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
14.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
14.3. You acknowledge that the owners and creators of Polldaddy will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of Polldaddy shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the software.