The Pollection’s service is operated by Pollection, Inc. ("Pollection"), a Delaware corporation. By using/and or visiting the Pollection web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the Pollection service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by Pollection at any time and without prior notice, such modifications to be effective upon posting by Pollection on the Web site. This Agreement includes Pollection's acceptable use policy for content posted on the web site, Pollection's Privacy Policy, and any notices regarding the Web site.
- Eligibility. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pollection has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pollection has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Web site. Pollection may terminate your membership for any reason, at any time and without prior notice. Even after membership is terminated, this Agreement will remain in effect.
- Website Access.
- Non Commercial Use by Members. The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Pollection. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the Pollection servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Pollection grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Pollection reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
- Member Account, Password and Security. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pollection of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pollection cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may never use another's account without permission.
- Proprietary Rights in Content on Pollection. Pollection owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Pollection, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site.
- The Pollection Website may now or in the future permit the submission of print, audio, photo, messages, profiles, video or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Pollection does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pollection to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, by submitting the User Submissions to Pollection, you hereby grant Pollection a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and sell such information to third-party partners without any limitations.
- Pollection does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pollection expressly disclaims any and all liability in connection with User Submissions. Pollection does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pollection will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Pollection reserves the right to remove Content and User Submissions without prior notice. Pollection will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Pollection also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. You understand and agree that Pollection may review and delete any User Submissions that in the sole judgment of Pollection violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- The following is a partial list of the kind of Content that
is illegal or prohibited on the Web site. Pollection reserves the
right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
Service and terminating the membership of such violators. It includes
Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that you know is false, misleading or promotes illegal activities;
- impersonates any person or entity or falsely state or otherwise misrepresents your affiliation with a person or entity;
- Is uploaded, posted, emailed, transmitted or otherwise made available and that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Is uploaded, posted, emailed, transmitted or otherwise made available and that constitutes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- engages in any automated use of the system, such as using scripts to add contacts or rate content;
- interferes with, disrupts, or creates an undue burden on the Service or the networks or services connected to the Service;
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Pollection's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Pollection, Inc. 2701 Ridge Rd, Suite 304, Berkeley, CA 94709.
- Member Disputes. You are solely responsible for your interactions with other Pollection Members. Pollection, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.
- General Practices Regarding Use and Storage. You acknowledge that Pollection may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that polls, comments or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of uploaded material and email messages, the maximum disk space that will be allotted on Pollection's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Pollection has no responsibility or liability for the deletion or failure to store any uploaded materials, messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Pollection reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pollection reserves the right to modify these general practices and limits from time to time.
- Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pollection shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- Warranty Disclaimer. You agree that your use of the Pollection website shall be at your sole risk. To the fullest extent permitted by law, Pollection, its officers, directors, employees and agents disclaim all warranties, express or implied in connection with the website and your use thereof. Pollection is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Pollection is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Pollection assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Pollection is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Pollection be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Pollection expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Pollection cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Pollection or through or from the service shall create any warranty not expressly stated herein.
- Limitation on Liability. In no event shall Pollection, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our website (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Pollection website, whether based on warranty contract, tort, or any other legal theory and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Pollection shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Pollection from its facilities in the United States of America. Pollection makes no representations that the Pollection Website is appropriate or available for use in other locations. Those who access or use the Pollection Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
- Indemnity. You agree to indemnify and hold Pollection, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Pollection and any User of the Service.
- Assignment These terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pollection without restriction.
- Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Pollection regarding the use of the Web site and/or the Service. The failure of Pollection to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us at info@pollection.com with any questions regarding this agreement.
Pollection is a service mark of Pollection, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.