User agreement effective August 3, 2015
This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use newpollz.
Your access to newpollz
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to newpollz, (2) suspend or terminate Your Account or newpollz gold membership, and/or (3) remove any of your User Content from newpollz.
We reserve the right to monitor newpollz, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all
- newpollz is for your personal, lawful use
- newpollz is designed and supported for personal use only. You may not use newpollz to break the law, violate an individual's privacy, or infringe any person or entity's intellectual property or any other proprietary rights.
- newpollz is for fun
- newpollz is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on newpollz.
- newpollz isn't intended as a marketplace
- newpollz is not intended to be a marketplace for any goods or services. For this reason, any transactions you undertake are your responsibility alone, so be careful.
- You may not use newpollz to conduct transactions for any illegal goods or services.
Your newpollz account
To participate on newpollz, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse newpollz without logging in.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
newpollz contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call " newpollz content." newpollz content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the newpollz content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display newpollz content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing newpollz content, learn more by reading our licensing page and contact us at licensing@ newpollz.com.
You retain the rights to your copyrighted content or information that you submit to newpollz ("user content") except as described below.
By submitting user content to newpollz, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We don't endorse user content
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to newpollz.
links and newpollz
Your participation on newpollz
These guidelines are intended to keep people safe, protect kids, keep newpollz running, and to encourage personal responsibility for what you do on newpollz. You must:
Keep Everyone Safe: You agree to not intentionally jeopardize the health and safety of others or yourself.
Keep Personal Information Off newpollz: You agree to not post anyone's sensitive personal information that relates to that person's real world or online identity.
Do Not Incite Harm: You agree not to encourage harm against people.
Protect Kids: You agree not to post any child pornography or sexually suggestive content involving minors.
Take Personal Responsibility: As you use newpollz, please remember that your speech may have consequences and could lead to criminal and civil liability.
Don't spam the newpollz community
You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering newpollz with this sort of content reduces the quality of the newpollz experience for others. For guidance, see our rules about spam and self-promotion.
Respect users that edit their content
You may not purposefully negate any user's actions to delete or edit their content on newpollz. This is intended to respect the privacy of newpollz users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
All the things you do and all the information you submit or post to newpollz remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold newpollz, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys' fees and costs, arising out of or related to your access to or use of newpollz, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of warranties
newpollz is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that newpollz will always work properly.
Limitation of liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use newpollz, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of newpollz.
We want you to enjoy newpollz, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at contact@ newpollz.com.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Francisco County, California.
Severability and enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this user agreement
This user agreement is the entire agreement between you and us concerning newpollz. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the newpollz website. By continuing to use newpollz after a change to this agreement, you agree to those changes.