PollBag - The Online Home of Polls

Last Updated : July 27th, 2007

WELCOME TO POLLBAG
Welcome to PollBag, a utility that allows you to create your own polls, and analyze and share your poll results with other people. All of PollBag’s services (collectively, "PollBag" or "the Service") are operated by PollBag.

By accessing or using our web site at www.pollbag.com or any of its sub-domains, you (the "User") signify that you have read, understood and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of PollBag.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. These changes will be made in good faith using reasonable judgment. Any change to the Terms of Use will be posted immediately on this page and the top of the page will indicate the date these terms were last revised. Your continued use of the Service or the Site after the posting of any such change constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these, do not use or access (or continue to use or access) the Service or the Site. You are responsible for regularly checking the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

ELIGIBILITY REQUIREMENTS
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of this Agreement.

REGISTRATION OBLIGATION
In consideration of your use of any or all services on the Site, you agree to:

1. provide accurate, current and complete information about you when prompted by any registration forms on the Site ("Registration Data");
2. maintain the security of your password and identification;
3. maintain and promptly update Registration Data, and any other information you provide for the purpose of keeping  your information accurate, current and complete; and
4. be fully responsible for all use of your account and for any actions that take place using your account.

USER CONDUCT
As a condition of your use of the Site and its services, you promise not to use the services for any purpose that is unlawful, prohibited by the Terms of Use, or not reasonably intended by PollBag. You agree not to use any or all services of this Site for activities which include but are not limited to the following:

1. abuse, harass, threaten, impersonate or intimidate other PollBag users;
2. upload, post, incorporate or contribute to any part of the Site, any polls, comments or other content that is deemed harmful, abusive, threatening, pornographic, obscene, vulgar, unlawful, hateful and racially, ethnically, sexually or otherwise discriminatory.;
3. upload, post, incorporate, or contribute to any part of the Site, or provide links, to any copyrighted, trademarked or reserved content that infringes the right of any legal entity or third party;
4. upload, post, incorporate or contribute to any part of the Site, or provide links, to any material that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state or national laws of your country of residence, or any international laws;
5. upload, post, incorporate, or contribute to any part of the Site, or provide links, to any software scripts, viruses, worms or other computer code, files or programs that are designed to interrupt, disable, destroy or limit the functionality of any software or hardware device used by the Service, or by Users of the Service.
6. upload, post, incorporate, contribute or make publicly available to any part of the Site, or provide links, to any private information of any third party including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and  credit/debit card numbers;
7. upload, post, incorporate or contribute to any part of the Site, or provide links, to any material that may prevent, restrict or inhibit other Users from using or enjoying the Site, or which may expose Users and/or the Service to any harm or liability;
8. use the Site in any manner that could damage, disable, burden or impair the Site and its services;
9. use the Site in any manner that that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state or national laws of your country of residence, or any international laws;
10. use automated scripts to collect information from or interact with the Site and its services in any manner;
11. bypass any measures that prevent or restrict access to the Site;
12.  harvest or collect email addresses or potential contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails, pursuing other unsolicited communications or carrying out malicious actions against such users;
13. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
14. use or attempt to use another User’s account to access the services provided by the Site, or create a false identity on the Site;

PollBag may remove any content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or for any use by the User that breaches the Terms of Use), or for no reason at all. To report Terms of Use abuse, please visit PollBag’s contact page and select “Report a Violation” in the Topic heading.

POLLBAG’S PRIVACY POLICY
PollBag’s current privacy policy is available here (the “Privacy Policy”) and is incorporated into the Terms of Service by this reference.

POLLS/CONTENT CREATED, AND LINKS SUBMITTED OR MADE AVAILABLE ON POLLBAG
By uploading, posting, incorporating or contributing polls and other content to any part of this Site, you represent and warrant that you own the rights to all such content. When creating a poll, you further agree to properly acknowledge the source of the polls and/or poll data from third parties.

Also note that the Service or third parties, including Users of the Site, may provide links to other World Wide Web sites or resources. As PollBag has no control over these websites and resources, you acknowledge and agree that PollBag is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PollBag shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PollBag may remove any content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations and subsequent investigation from third parties or authorities relating to such content or for any use by the User that breaches the Terms of Use), or for no reason at all. To report Terms of Use abuse, please visit PollBag’s contact page and select “Report a Violation” in the Topic heading.

COPYRIGHT COMPLAINTS
PollBag respects the intellectual property of other third parties and entities. PollBag will respond quickly to claims of copyright and other intellectual property infringement. PollBag will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, PollBag may act quickly to remove or disable access to any material stored on PollBag’s servers that is claimed to be infringing or claimed to be the subject of infringing activity. In addition, PollBag may act quickly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. PollBag reserves the right to terminate access for subscribers and account holders who are repeat infringers.

NOTIFYING POLLBAG OF COPYRIGHT INFRINGEMENT:
To provide PollBag notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." The notice may be submitted on PollBag’s contact page and should set forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

PROVIDING POLLBAG WITH COUNTER-NOTIFICATION:
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide PollBag with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." The notice may be submitted on PollBag’s contact page should set forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

LIMITATIONS ON LIABILITY
Under NO circumstances will PollBag, its directors, officers, employees, customers, and vendors be liable to you or any third party for any material and immaterial damage, cost (including attorneys. fees and costs), profits and losses due to or arising out of your access to the Site, use of the Service, violations of the Terms of Use by you, or the infringement by you, or any third party using your account or username, of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS
You acknowledge that PollBag has no control over, and no duty to take any action regarding which users gain access to the Site, what effects the polls, poll results or other content may have on you, how you may interpret or use the polls, poll results or other content, or what actions you may take as a result of having been exposed to these polls, poll results, or other content. You agree to release PollBag from all liability for you having created, viewed or acquired or not acquired polls, poll results or other content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PollBag makes no representations concerning any content contained in or accessed through the Site, and PollBag will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. PollBag 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 communications. PollBag is not responsible for any technical malfunction or other problems of any telephone network or service, computer 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 Site or combination thereof, including injury or damage to User's or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.

Under no circumstances will PollBag be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.