- In the course of using the Services, you may submit content to DaPolls.com (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately.
- DaPolls.com will treat your Content as confidential information. However, your Content is not regarded as confidential information if such Content: (a) is or becomes public; (b) was lawfully known to DaPolls.com before receiving it from you; (c) is received by DaPolls.com from a third party without knowledge of breach of any obligation owed to you
- You retain ownership of all of your intellectual property rights in your Content. DaPolls.com does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
- The Services display content provided by others that is not owned by DaPolls.com . Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. DaPolls.com is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
- If you have been issued an account by DaPolls.com in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not DaPolls.com , are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify DaPolls.com immediately. Accounts may not be shared and may only be used by one individual per account.
- If you are an individual, you may only use the Services if you have the power to form a contract with DaPolls.com . If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
- You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
- You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
- You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
- You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
- You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. DaPolls.com will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to DaPolls.com .
- You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- Unless authorized by DaPolls.com in writing, you may not resell or lease the Services.
- If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless DaPolls.com has agreed with you otherwise. You may not use the Services in a way that would subject DaPolls.com to those industry-specific regulations without obtaining DaPolls.com’s prior written agreement.
- You may not register accounts by “bots” or other automated methods.
- Your Content and use of the Services may not violate our content policy.
Changes and Updates
- DaPolls.com may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the DaPolls.com website
Disclaimers and Limitations of Liability
- While it is in DaPolls.com’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND DAPOLLS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF DAPOLLS.COM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO DAPOLLS FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) GBP1.00.
- If you are a business, you will indemnify and hold harmless DaPolls.com and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) (“Indemnification Amounts”) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.