Let’s keep this simple, shall we?
This is a contract between you and the folks at Movement Ventures (who created Pollcaster.com - “Pollcaster”) when you use the Pollcaster.com (“Site”) and the services and products found there (“Services”).
We’re excited that you’re using Pollcaster and would love your feedback. We created Pollcaster to allow anyone to create a Poll and share it with the world. We think that we’re doing something pretty special here and have only the best intentions. We’re sure you do too, but we hafta write this document because not everyone does. So here goes a lot of words that just sum up one idea - be nice.
With that said, we think everyone should read this before accessing our site.
This is a binding agreement
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Pollcaster, acceptance is expressly limited to these terms.
Who can use our Services
Pollcaster is only for human adults and teenagers above the age of 18 years old. If you are a cyborg, mutant, or mean person you are not allowed here.
We can change our Services
We may change any aspect of the service we want, or even stop it, at any time without giving you notice. We can also terminate or restrict access to it at any time, at our sole discretion. Termination of your access and use of Pollcaster Services shall not relieve you of any obligations arising or accruing before the termination.
Your Pollcaster Account
If you create or vote on a poll on the Site, you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pollcaster may change content that it considers inappropriate or unlawful, or otherwise likely to cause Pollcaster liability. You must immediately notify Pollcaster of any unauthorized uses of your content, your account or any other breaches of security. Pollcaster will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you create polls
- Your poll responses are owned by you. While Pollcaster may use aggregate statistics and data to gain insight into the use of our product, we do not sell or provide the responses to anyone without your permission.
- Your responses, leads, and offer data are owned by you. We do not use any of this data for ourselves or provide it to third parties. It is your responsibility to use this data according to the governing law and best practices of the Children’s Online Privacy Protection Act (“COPPA”) and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”). Pollcaster is not responsible for your misuse of this information.
If you take polls
- Your responses are owned by the poll creator. It is up to the poll creator how they use these responses. All responses are anonymous unless you have provided your user data.
- You may be asked for your email address and/or other personally-identifying information in connection with tracking scores, capturing leads, or presenting offers. Pollcaster does not use this information other than to display or provide it to the poll creator.
You own the rights to the content you post on Pollcaster. We do not claim ownership over it. However, by posting content to Pollcaster, you give us permission to use your content, free of charge, to do the things we need to do to provide Pollcaster Services which may include storing, displaying, reproducing, and distributing your content. By publishing on Pollcaster, you agree to allow others to view your content. You are free to delete your content at any time. If you delete your account or content, it may be unrecoverable.
Here are some things we forbid. By using Pollcaster, you promise not to do any of the following things: - post any comments, material, links, text, images, audio, or video (any such material, “Content”) containing any viruses, worms, malware, Trojan horses or other harmful or destructive content; - post Content without permission from the owner; - post Content that is pornographic, contains threats, incites violence, or violates the rights of any third party. - probe, scan, or test our systems or networks; - break or circumvent any technologies we have put in place for security or authentication; - attempt to access Pollcaster Services by means other than currently available; - scrape Pollcaster Services or Content; - violate the intellectual property or personal privacy rights of others, causing harm to others, or violating any criminal laws where Pollcaster has a physical location;
For more information about what we feel is appropriate on Pollcaster, view our content guidelines.
Fees and Payments
You agree to pay for the Services you use on the Pollcaster Site in accordance the pricing and payment terms presented to you for that service. Fees paid by you are non-refundable except as provided in these terms or when required by law.
For subscriptions, you will be billed in advance on a recurring cycle for the period you have selected (monthly or annually) at the beginning of that period. Your subscription will automatically renew at the end of each period unless you cancel automatic renewal at least 48 hours before your next renewal date. You can cancel automatic renewal at any time. If you do cancel automatic renewal, no refund will be provided for fees paid and your service will remain active through the end of the current billing period.
Pollcaster may change the fees charged for Services at any time, provided that, for subscription Services, the change will become effective only upon the next renewal date.
An upgrade is when a paying customer decides to change their current plan to a more expensive paid plan.
When upgrading in the middle of a billing period, you will be given a pro-rated credit (not a refund) for the current plan which will be applied to the pro-rated charges for the upgraded plan. At the end of the billing period, the upgraded plan will auto-renew.
A downgrade is when a paying customer chooses to change their plan from a more expensive to a less expensive (but still paid) plan. When a paying customer decides to switch from a paid plan to the free plan, that is called a cancellation.
When downgrading in the middle of a billing period, your account will receive a credit (not a refund) for the pro-rated amount for the remaining days in the billing period. The credit will be applied toward the downgraded plan which will auto-renew at the start of the next billing period.
When downgrading in the middle of a billing period, you will be given a pro-rated credit (not a refund) for the current plan which will be applied to the pro-rated charges for the upgraded plan. If the credit applied exceeds the new charges, a positive balance will remain on your account and be applied to future billings. At the end of the billing period, the upgraded plan will auto-renew.
Responsibility of visitors
Pollcaster has not reviewed, and cannot review, all of the material posted to the Site or any third party site that the Site links to, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Pollcaster does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pollcaster disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Termination of Services
Pollcaster has the right to limit, suspend, or stop providing the Services to you if you fail to comply with these Terms.
Copyright Infringement and DMCA Policy
As Pollcaster asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Pollcaster deals with copyright infringement in accordance to the Digital Millennium Copyright Act. If you believe that material located on or linked to by Pollcaster.com violates your copyright, you are encouraged to notify Pollcaster. Pollcaster will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pollcaster will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pollcaster or others. In the case of such termination, Pollcaster will have no obligation to provide a refund of any amounts previously paid to Pollcaster.
The contact information for Pollcaster’s designated agent for receipt of notices of claimed infringement is here:
86 W. Main St.
Lehi, UT 84043
Attn: Copyright Agent
You retain ownership of all copyrights and any other intellectual property rights in your Content. Pollcaster (and/or other third parties) retains ownership of intellectual property rights in all content and material other than user Content.
By submitting your Content to Pollcaster, you give Pollcaster a non-exclusive worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your Content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to our Services and its use of your Content (including, but not limited to, use of your name in association with your Content to identify you as the contributor). The license has no restriction as to the medium, dissemination method, type of Service we may offer, or the type of systems or products that may be used in conjunction with your Content.
This license shall remain in effect for so long as your Content is available on Pollcaster. You are free to remove or delete your Content at any time, in which case this license shall terminate after a commercially reasonable period of time, except for comments, the license to which is perpetual and irrevocable. You understand and agree, however, that even if you delete Content, Pollcaster may retain, but not display or distribute, server copies of your Content.
You represent that you have all of the necessary rights to grant this license to Pollcaster for all Content you submit.
Pollcaster grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the Terms of, Pollcaster Services.
Ready for a break? You deserve one. Get ready because here goes a bunch of legal stuff.
Disclaimer of Warranties.
The Site is provided “as is”. Pollcaster and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pollcaster nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of Liability
In no event will Pollcaster, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Pollcaster under this agreement during the twelve (12) month period prior to the cause of action. Pollcaster shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Pollcaster, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pollcaster and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pollcaster, or by the posting by Pollcaster of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Utah County, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Provo, UT, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pollcaster may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Whew! It’s over.
If you are a United States federal government agency, your use of the Services is subject to this amendment.