Hi friend, welcome. Please read carefully through the following terms and conditions, and if you have any questions please contact help@polljoy.com
The following terms and conditions govern the use of all the services, products, software (referred to collectively as the "Service" or “Services” in this document) offered at polljoy.com and by polljoy, Inc., a Delaware corporation (hereinafter referred to as “polljoy” or the "Company"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, polljoy's Privacy Policy) and procedures that may be published from time to time on this Site by the creator and owner of the website and this software - polljoy.
polljoy reserves the right to update the terms and conditions at any time. Your continued use of the service after such changes means that you agree to the revised terms even if you have not reviewed them. The most current version of the terms and conditions is always available on this page.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, 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 or use the service available at or via polljoy. In consideration of your use of the Service, you represent that you are of legal age to form a binding agreement and are not a person barred under the laws of any applicable jurisdiction.
Description of Service
polljoy provides a solution for developers to create, display and manage polls and resulting data on mobile and web platforms, and other user interaction. Our Services may change from time to time, or we may stop (permanently or temporarily) providing our Services (or any features therein) to you or to users generally. We reserve the right to create limits on access and use of the Services in our sole discretion. We may make available certain software to install on your website and applications in order to access and use our Services. As long as you comply with the terms of this Agreement, you have the right to install and use our software to access and use the Services, for your own website and applications (and not for use with other websites and applications except for Agencies integrating on behalf of other clients' websites and applications). This license is for the sole purpose of enabling you to use the Services, in the manner permitted by the terms of this Agreement.
Grant of License
The polljoy SDK is an open-source segment of software code. polljoy grants you a limited, non-exclusive, non-transferable, royalty-free license to use, incorporate, modify and distribute the polljoy SDK within your websites or applications, whilst remaining compatible with open API.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software, Services and Website or any part thereof owned or licensed by polljoy, unless this is required by law.
Account
In order to use our Services you will need to register an account. By creating an account, you represent that (i) the information you provide is accurate; (ii) you are of legal age in your respective country; and (iii) your use of our Services does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for maintaining the security of your account, and you are responsible for all activities that occur under the account and any other actions taken in connection with your use of our Services. You must inform polljoy of any unauthorized uses of your account or any other breaches of security immediately. polljoy will not be liable for any damages of any kind incurred as a result of such acts or omissions. By creating an account, you agree that polljoy may occasionally send you some categories of email and other communications, to which you may not be able to opt-out from receiving. You also agree that polljoy may use your company and company logo in marketing materials identifying you as a user of the Services, and grant polljoy a royalty-free, non-exclusive license to do so.
Subscription Pricing and Payment Method
Payments can be made via the available payment processors. Please refer to their websites for more information about their security practices, terms of service and privacy policies.
Currently, all our plans are month-based subscriptions except for the Enterprise package where we can be flexible and offer tailored solutions to our clients. Subscription fees are automatically charged monthly unless the plan is unsubscribed which could be done from your account on the payment processor.
You agree to update your credit card information to keep it current at all times. All prices are given and must be paid in the currency listed. All payment obligations are non-cancellable and all amounts paid are non-refundable subject to our "100% satisfaction Guarantee". Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable.
We offer a "100% satisfaction Guarantee" on any subscription plan such that you shall be entitled to a refund on a payment in the event that you are not happy with the services within 30 days of that payment.
Privacy and Personal Information
For information about polljoy’s data protection practices, please read polljoy 's privacy policy at [LINK]. This policy explains how polljoy treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with polljoy’s privacy policies.
Account Deletion
A request can be made to polljoy for any user account deletion by email to deleteaccount@polljoy.com Accounts deleted and data within cannot be reinstated, and any information should be exported beforehand. Users will need to recreate account anew.
Service Termination
The terms will continue to apply until your access to the service is terminated. polljoy may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement. polljoy reserves the right, to terminate your Account at any time, including, without limitation, deactivating your username.
Proprietary rights
You acknowledge and agree that polljoy (or polljoy 's licensors) own all legal right, title, interest, technology in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by polljoy and that you shall not disclose such information without polljoy 's prior written consent.
Unless you have agreed otherwise in writing with polljoy, nothing in the Terms gives you a right to use any of polljoy 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Disclaimer for Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS" AVAILABLE.
THE USAGE OF THE SERVICES, WEBSITE HAS NO WARRANTY. POLLJOY WILL TAKE NO RESPONSIBILITY FOR ANY LOSS, RISK OF ANY KIND OBTAINED THROUGH THE USAGE OF SERVICES.
YOUR WARRANTIES
If you create a poll and/or associated material (collectively referred to as Poll Content), you are entirely responsible for that Poll Content, and any resulting harm. You warrant that:
the distribution, display and use of the Poll Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have permission from your employer or the owner of the Poll Content to display, post or make available the Poll Content;
you have fully complied with any third-party licenses relating to the Poll Content, and have done all things necessary to successfully pass through to end users any required terms;
the Poll Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Poll Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Poll Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
you have, in the case of Poll Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by polljoy or otherwise.
If you delete Poll Content, polljoy will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Poll Content may not be made immediately unavailable.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Unauthorized Use
You may not do any of the following while using or accessing the Services:
attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
use the Services for the benefit of any third party or in any manner not permitted by the terms of this Agreement;
violate any applicable law or regulation; or
encourage or enable someone to do any of the foregoing.
We reserve the right to access, read, preserve, and disclose any information provided through the Services we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of polljoy, our users and the public.
Indemnification
You agree to indemnify and hold harmless polljoy, 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 (i) your use of the Services (other than as expressly permitted by this Agreement), including but not limited to a breach or violation by you of this Agreement, and (ii) the accessing and use of any user data in order to provide the Services to you.
LIMITATION OF LIABILITY
IN NO EVENT POLLJOY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
IT'S YOUR RESPONSIBILITY TO PERSONALLY BACKUP ANY CONTENT UPLOADED TO POLLJOY AND KEEP YOUR ACCOUNT DETAILS AND OTHER SENSITIVE INFORMATION SECURE AND CONFIDENTIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLJOY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. POLLJOY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THE POLLJOY WEB SITE AND SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. POLLJOY SHALL NOT BE LIABLE FOR ANY FAILURE INCLUDING THAT MAY RESULT BEYOND POLLJOY 'S CONTROL INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, NATURAL CALAMITIES. POLLJOY WILL NOT BE LIABLE FOR ANY LOSS OR RETURN OF MATERIAL AND SERVICE DISRUPTION.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of the State of Delaware govern these terms and conditions. By accessing this website and using our services and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the State of Delaware courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
These terms and conditions form part of the Agreement between the You and ourselves. Your accessing of this website and/or using our services indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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