PLEASE READ THIS CAREFULLY BECAUSE IT SETS OUT THE TERMS OF A
LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”, “YOU”, OR
“YOUR”) AND DIGITAL-POLLS.COM (THE
“COMPANY”, “WE” OR “US”), THE OWNER AND OPERATOR OF DIGITAL-POLLS.COM, WHOSE OFFICE IS LOCATED AT 2100 16 ST PMB 1473 GREAT BEND, KS 67530. THIS PAGES SETS OUT THE TERMS & CONDITIONS (THE “TERMS”) ON
WHICH YOU MAY USE THE DIGITAL-PROFITS.COM WEBSITE AND THECONTENT/SERVICES AVAILABLE THROUGH IT (COLLECTIVELY, THE “SERVICES”).
ACCEPTANCE OF TERMS OF SERVICE. BY USING THE SERVICES, IRRESPECTIVE OF
THE DELIVERY PLATFORM YOU USE TO ACCESS THEM, YOU ACKNOWLEDGE
AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF
THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE
SERVICES.
CHANGES TO TERMS OF SERVICE
RIGHT TO CHANGE TERMS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CHANGE THESE TERMS (“UPDATED TERMS”) FROM TIME TO
TIME.
NOTICE OF UPDATED TERMS. YOU AGREE THAT THE COMPANY MAY NOTIFY
YOU OF THE UPDATED TERMS BY POSTING THEM ON THIS PAGE.
ACCEPTANCE OF UPDATED TERMS. YOUR USE OF THE SERVICES AFTER THE
EFFECTIVE DATE OF THE UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF
THE UPDATED TERMS. EFFECTIVE DATE OF UPDATED TERMS. THE UPDATED
TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE
AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE
OF THE SERVICES FROM THAT POINT FORWARD.
USE OF SERVICES
LICENSE. DURING THE TERM OF THIS AGREEMENT, THE COMPANY GRANTS YOU
A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS THE
SERVICES FOR YOUR PERSONAL AND NON-COMMERCIAL USE IN ACCORDANCE
WITH THESE TERMS.
INTELLECTUAL PROPERTY RIGHTS. THE DESIGN, TRADEMARKS, SERVICE
MARKS, AND LOGOS OF THE SERVICES (“MARKS”), ARE OWNED BY OR LICENSED
TO THE COMPANY, SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL
PROPERTY RIGHTS UNDER THE LAWS OF THE UNITED STATES, FOREIGN LAWS
AND INTERNATIONAL CONVENTIONS. THE COMPANY RESERVES ALL RIGHTS
NOT EXPRESSLY GRANTED IN AND TO THE SERVICES. YOU AGREE TO NOT
ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE SERVICES
OTHER THAN EXPRESSLY PERMITTED.
USER CONDUCT
YOU MAY NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES:
COPYING, DISTRIBUTING, OR DISCLOSING ANY PART OF THE SERVICES IN ANY
MEDIUM, INCLUDING WITHOUT LIMITATION BY ANY AUTOMATED OR NONAUTOMATED
“SCRAPING” USING ANY AUTOMATED SYSTEM, INCLUDING
WITHOUT LIMITATION “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” AND OTHER
SUCH SYSTEMS, TO ACCESS THE SERVICES,
TRANSMITTING SPAM, CHAIN LETTERS, OR OTHER UNSOLICITED EMAIL,
ATTEMPTING TO INTERFERE WITH, COMPROMISE THE SYSTEM INTEGRITY OR
SECURITY, OR DECIPHER ANY TRANSMISSIONS TO OR FROM THE SERVERS
RUNNING THE SERVICES, MAKING ANY ACTION THAT IMPOSES, OR MAY IMPOSE
AT OUR SOLE DISCRETION AN UNREASONABLE OR DISPROPORTIONATELY
LARGE LOAD ON SERVICES’ INFRASTRUCTURE, UPLOADING INVALID DATA,
VIRUSES, WORMS, OR OTHER SOFTWARE AGENTS THROUGH THE SERVICES,
COLLECTING OR HARVESTING ANY PERSONALLY IDENTIFIABLE INFORMATION,
INCLUDING ACCOUNT NAMES, FROM THE SERVICES,
USING THE SERVICES FOR ANY COMMERCIAL SOLICITATION PURPOSES,
IMPERSONATING ANOTHER PERSON OR OTHERWISE MISREPRESENTING YOUR
AFFILIATION WITH A PERSON OR ENTITY, CONDUCTING FRAUD, HIDING OR
ATTEMPTING TO HIDE YOUR IDENTITY, INTERFERING WITH THE PROPER
WORKING OF THE SERVICES, ACCESSING ANY CONTENT ON THE SERVICES
THROUGH ANY TECHNOLOGY OR MEANS OTHER THAN THOSE PROVIDED OR
AUTHORIZED BY THE COMPANY, OR BYPASSING THE MEASURES WE MAY USE
TO PREVENT OR RESTRICT ACCESS TO THE SERVICES, INCLUDING WITHOUT
LIMITATION FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY
CONTENT OR ENFORCE LIMITATIONS ON USE OF THE SERVICES.
YOUR ACCOUNT
ACCOUNT CREATION. YOU MUST COMPLETE THE REGISTRATION PROCESS BY
PROVIDING THE COMPANY WITH CURRENT, COMPLETE, AND ACCURATE
INFORMATION AS PROMPTED BY THE APPLICABLE REGISTRATION FORM.
RESPONSIBILITY FOR ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.
FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY THE
COMPANY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR
ANY OTHER BREACH OF SECURITY.
LIABILITY FOR ACCOUNT MISUSE. THE COMPANY WILL NOT BE LIABLE FOR ANY
LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR
PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU
COULD BE HELD LIABLE FOR LOSSES INCURRED BY THE COMPANY OR ANOTHER
PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD.
USE OF OTHER ACCOUNTS. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT
ANY TIME, WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.
ACCOUNT SECURITY. THE COMPANY CARES ABOUT THE INTEGRITY AND
SECURITY OF YOUR PERSONAL INFORMATION. HOWEVER, THE COMPANY
CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE
ABLE TO DEFEAT THE SERVICES’ SECURITY MEASURES OR USE ANY PERSONAL
INFORMATION YOU PROVIDE TO US FOR IMPROPER PURPOSES. YOU
ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR
OWN RISK.
USER CONTENT
CONTENT OWNERSHIP. YOU RETAIN ALL OWNERSHIP RIGHTS TO CONTENT THAT
YOU UPLOAD TO THE SERVICES. CONTENT LICENSE. BY SUBMITTING CONTENT
TO SITE, YOU GRANT THE COMPANY A WORLDWIDE, NON-EXCLUSIVE,
ROYALTY-FREE, SUB-LICENSABLE AND TRANSFERABLE LICENSE TO USE,
REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND
PERFORM THE CONTENT IN CONNECTION WITH THE SERVICES AND THE
COMPANY’S (AND ITS SUCCESSORS’ AND AFFILIATES’) BUSINESS, INCLUDING
WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF
THE SERVICES (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS
AND THROUGH ANY MEDIA CHANNELS. LINKS. THE SERVICES MAY FEATURE
LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND
AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE
AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES, OR (II) THE
CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES
OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY
ENDORSEMENT BY THE COMPANY OF THOSE WEBSITES OR RESOURCES. YOU
ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING
FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
THIRD PARTY CONTENT. THROUGH THE SITE, YOU WILL HAVE THE ABILITY TO
ACCESS AND/OR USE CONTENT PROVIDED BY THIRD PARTIES. THE COMPANY
CANNOT GUARANTEE THAT SUCH THIRD PARTY CONTENT WILL BE FREE OF
MATERIAL YOU MAY FIND OBJECTIONABLE OR OTHERWISE. THE COMPANY
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO YOUR ACCESS OR
USE OF ANY THIRD PARTY CONTENT.
PRIVACY. FOR INFORMATION ABOUT HOW THE COMPANY COLLECTS, USES, AND
SHARES YOUR INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY. YOU
AGREE THAT BY USING THE SITE YOU CONSENT TO THE COLLECTION, USE, AND
SHARING (AS SET FORTH IN THE PRIVACY POLICY) OF SUCH INFORMATION.
COPYRIGHT POLICY. THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT
INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW AND ARE PROPERLY
PROVIDED TO US. IF YOU BELIEVE THAT YOUR CONTENT HAS BEEN COPIED IN A
WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT THE
FOLLOWING INFORMATION TO NEWS@DIGITAL-POLLS.COM:
A PHYSICAL OR ELECTRONIC SIGNATURE OF THE COPYRIGHT OWNER OR A
PERSON AUTHORIZED TO ACT ON THEIR BEHALF, IDENTIFICATION OF THE
COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, IDENTIFICATION OF
THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF
INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS
TO BE DISABLED, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US
TO LOCATE THE MATERIAL, YOUR CONTACT INFORMATION, INCLUDING YOUR
ADDRESS, TELEPHONE NUMBER, AND AN EMAIL ADDRESS, A STATEMENT BY
YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN
THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER,
ITS AGENT, OR THE LAW, AND A STATEMENT THAT THE INFORMATION IN THE
NOTIFICATION IS ACCURATE, AND, UNDER PENALTY OF PERJURY, THAT YOU
ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.
PROMOTIONS. SOME PARTIES MAY PROMOTE COMPETITIONS, PROMOTIONS,
PRIZE DRAWS AND OTHER SIMILAR OPPORTUNITIES THROUGH THE SERVICES
(“THIRD PARTY COMPETITIONS”). THE COMPANY IS NOT THE SPONSOR OR
PROMOTER OF THESE THIRD PARTY COMPETITIONS AND DOES NOT BEAR ANY
RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR INACTIONS OF ANY THIRD
PARTIES WHO ORGANIZE, ADMINISTER OR ARE OTHERWISE INVOLVED IN ANY
OF PROMOTION OF THESE THIRD PARTY COMPETITIONS. IF YOU WISH TO
PARTICIPATE IN ANY OF THESE THIRD PARTY COMPETITIONS, YOU ARE
RESPONSIBLE FOR READING AND ENSURING THAT YOU UNDERSTAND THE
APPLICABLE RULES AND ANY ELIGIBILITY REQUIREMENTS AND ARE LAWFULLY
ABLE TO PARTICIPATE IN SUCH THIRD PARTY COMPETITIONS IN YOUR COUNTRY
OF RESIDENCE.
TERMINATION
TERMINATION UPON NOTICE. EITHER PARTY MAY TERMINATE THIS AGREEMENT
AT ANY TIME BY NOTIFYING THE OTHER PARTY.
TERMINATION BY THE COMPANY. THE COMPANY MAY TERMINATE OR SUSPEND
YOUR ACCESS TO OR ABILITY TO USE THE SERVICES IMMEDIATELY, WITHOUT
PRIOR NOTICE OR LIABILITY, FOR ANY REASON OR NO REASON, INCLUDING
BREACH OF THIS AGREEMENT. IN PARTICULAR, THE COMPANY MAY
IMMEDIATELY TERMINATE OR SUSPEND ACCOUNTS THAT HAVE BEEN FLAGGED
FOR REPEAT COPYRIGHT INFRINGEMENT.
EFFECT OF TERMINATION.UPON TERMINATION OF YOUR ACCESS TO OR ABILITY
TO USE THE SERVICES, YOUR RIGHT TO USE OR ACCESS THE SERVICES WILL
IMMEDIATELY CEASE.
SURVIVAL OF PROVISIONS. THE TERMS’ PROVISIONS THAT BY THEIR NATURE
SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING,
WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS,
AND LIMITATIONS OF LIABILITY. TERMINATION OF YOUR ACCESS TO AND USE
OF THE SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR
ACCRUING PRIOR TO TERMINATION OR LIMIT ANY LIABILITY THAT YOU
OTHERWISE MAY HAVE TO THE COMPANY OR ANY THIRD PARTY.
DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF
CONTENT, OR AVAILABILITY.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS
OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE
SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM
THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND
AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS,
LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS’
FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR
RELATING TO USE OF THE SERVICES. THE COMPANY MAY ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE
AGREED TO INDEMNIFY THE COMPANY AND YOU AGREE TO ASSIST AND
COOPERATE WITH THE COMPANY IN THE DEFENSE OR SETTLEMENT OF ANY
SUCH MATTERS.
ARBITRATION
CLAIM PROCEDURE. FOR ANY DISPUTE YOU HAVE WITH THE COMPANY, YOU
AGREE TO FIRST CONTACT THE COMPANY AND ATTEMPT TO RESOLVE THE
DISPUTE INFORMALLY. IF THE COMPANY HAS NOT BEEN ABLE TO RESOLVE THE
DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM,
DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER
EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO
THIS AGREEMENT BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) UNDER THE COMMERCIAL ARBITRATION RULES AND
SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN
EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN.
ARBITRATION LOCATION. UNLESS YOU AND THE COMPANY AGREE OTHERWISE,
THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY WHERE YOU RESIDE.
ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY AAA
FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH AAA
RULES, EXCEPT THAT THE COMPANY WILL PAY FOR YOUR REASONABLE FILING,
ADMINISTRATIVE, AND ARBITRATOR FEES IF YOUR CLAIM FOR DAMAGES DOES
NOT EXCEED $5,000 AND IS NON-FRIVOLOUS (AS MEASURED BY THE STANDARDS
SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)).
ARBITRATION AWARD. THE AWARD RENDERED BY THE ARBITRATOR SHALL
INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND
REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT
ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT OF COMPETENT JURISDICTION.
INJUNCTIVE RELIEF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY
FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS
FOR MATTERS RELATED TO DATA SECURITY, INTELLECTUAL PROPERTY OR
UNAUTHORIZED ACCESS TO THE SERVICE.
CLASS ACTIONS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
WAIVER OF JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS,
YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES, WITHOUT REGARD
TO ITS CONFLICT OF LAWS RULES.
FEEDBACK. WE WELCOME ANY COMMENTS, QUESTIONS AND FEEDBACK.
PLEASE DIRECT YOUR COMMUNICATION TO [YOUR EMAIL].
CHANGES TO THE POLICY
THE COMPANY RESERVES THE RIGHT AMEND THE POLICY. PLEASE CHECK BACK
REGULARLY TO SEE UPDATES TO THE POLICY. YOUR CONTINUED USE OF THE
WEBSITE AND SERVICES FOLLOWING UPDATES TO THE POLICY INDICATES YOUR
ACCEPTANCE OF SUCH UPDATES.
