“Content” means any text, data compilations, statistics, polls, initiatives, photographs, messages, data, articles, photographs, logos, icons, images, graphics, text, audio clips, video clips, software, digital downloads, other websites, or other materials and information.
“Device” means any computer, laptop, tablet, handheld device, or other electronic capable of accessing Polleticks.
“Donation” means any payment made directly to another User, including a payment to a public advocacy group to support their cause or an issue they are advocating for.
“Marks” means trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another.
“User” means anyone who uses or is otherwise able to view the Site, including, but not limited to, administrators, members or other guests.
3. USER ACCOUNTS
You agree and confirm that you will not:
- provide any false information to Polleticks;
- create an account for anyone other than yourself without the other party’s permission;
- create more than one personal account;
- create another account if we have disabled your account;
- share your password or do anything that might jeopardize the security of your account; or
- transfer your account (including any poll or initiative you create) to anyone without first obtaining our written permission.
If we determine in our sole discretion that your username or title for an initiative or poll is inappropriate, or is in violation of any third party intellectual property rights, we reserve the right to remove it.
You are required to have a telephone number to create a Polleticks account. In the event you change or deactivate the phone number associated with your Polleticks account, you are required to update your Polleticks account information immediately to ensure your messages are not sent to another person who acquires your previous phone number.
Unless you consent, all personal information maintained by Polleticks other than your username and country, is considered confidential and will not be released by us to anyone other than:
- You, or a person who we have reason to believe is acting as your agent, or as your power of attorney;
- To a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities directed against Polleticks; or
- As required by any other law, or according to a court order,or to satisfy any other legal regulatory, governmental, or other authority’s request.
You agree that we may monitor, record, observe, or investigate your use of the Website in order to (a) satisfy any legal, regulatory, governmental or other authority’s request, (b) evaluate, monitor, improve, upgrade, or maintain the quality or operation of the Website; or (c) protect other Users and Polleticks.
5. USER CONDUCT
You agree and confirm that any and all information you provide to Polleticks is truthful and accurate.
You own and are responsible for all of the Content you post on Polleticks. When posting Content to Polleticks, you represent that:
- you own or otherwise control, or have permission to distribute any Content you share on the Site;
- your Content is accurate and not deceptive or misleading;
- your Content complies with all applicable laws, regulations, and guidelines;
- your Content does not attack, harass, bully, threaten, degrade, contain hate speech, or promote discrimination toward any race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, language, or other characteristic;
- your Content does not contain inappropriate content, including nudity or other sexual content;
- your Content does not contain or link to a site that contains spyware, malware, or any software that may result in an unexpected or deceptive User experience;
- you will indemnify Polleticks for all claims resulting from Content you supply.
By sharing Content, you automatically grant, or warrant that the owner of such Content has expressly granted, Polleticks a royalty-free, worldwide, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed.
Polleticks provides Users with the opportunity to share opinions, create and participate in initiatives, create and participate in polls, share other Content, and otherwise comment on Content and news items they see posted on the Website. These features intend to allow you to share your ideas and opinions, and to engage fellow Users in discussions about what is posted.
Polleticks reserves the right to review, edit, delete submitted initiatives, polls, opinions, and any other Content.
In an effort to have your Content remain on the Site, and for your own protection, we recommend you follow these general principles:
- use language appropriate for all audiences;
- do not include personal information about yourself or others in your Content; and
- debate ideas, and not attack people or other Users.
When a User submits or posts Content, it is instantly posted on the Site and available to the public. As a result, there is a chance that offensive material may be posted. Because of this possibility, Users are able to report Content they find offensive. Flagged Content will be reviewed by Polleticks.
Comments, opinions, polls, initiatives, or other Content posted on this Site by Users do not form the opinion of Polleticks, its administrators, employees, owners, agents, affiliates. Content with vulgar language, libelous or slanderous statements, or falsified facts will be removed, although this places no obligation on Polleticks to do the same. If you have a complaint or question, please email Polleticks at firstname.lastname@example.org
- solicit login information, or access without authority, the information, accounts or Devices of others;
- post another person’s identification documents or sensitive financial information on Polleticks;
- port scan a person’s Device without that person’s consent, or use any tools designed to facilitate these scans;
- forge, manipulate, or conceal the origin of any Content transmitted through the Site;
- invade another person’s privacy, collect or store personal data about other Users, or stalk, harass, bully, intimidate, or in any way harm another individual or company;
- share, unlawfully use, or otherwise make available obscene, profane, or pornographic material;
- share or otherwise make available Content that is unlawful, threatening, abusive, libelous, slanderous, defamatory, deceptive, offensive, or otherwise objectionable, including, without limitation, any Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, court or government order, or regulation;
- access any Device, software, data, or any confidential information, copyright protected or patent protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate such access;
- share, deface, modify, transmit, reproduce, distribute in any way or otherwise make available Content, software or other material protected by copyright or other proprietary or contractual right or related derivative works, without obtaining the copyright owner or right holder’s permission;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on Polleticks;
- otherwise result in, any illegal, abusive, annoying, or offensive activities, including, without limitation, making available offensive Content, the commission or encouragement of a criminal offense, stalking, harassment, spamming, generating unsolicited commercial or bulk emails, disrupting or interfering with the internet, any network, computers or other devices, causing network instability, using auto-responders or cancel-bots, operating a server, transmission of a virus, lock, key, bomb, worm, trojan horse, or other harmful, limiting, destructive, or debilitating component, defamation, intellectual property infringement, or interference with other User’s use of the Site.
6. SERVICES PROVIDED TO THE USER
Unless we specifically notify you otherwise, any Content, software, or other items you access or download on the Site are provided by third parties. You understand and agree that you are solely responsible for accessing, downloading, or retrieving such materials, and you acknowledge that you may incur charges by doing so. We have no responsibility or liability to you regarding your activities on the Site.
In order to effectively provide access to and use of the Site or comply with legal demands, we may require certain rights to the Content you create, share, or otherwise convey using the Site. Without limitation, you hereby agree to grant us a transferable and non-exclusive license or sublicense, without compensation, to transmit, copy, modify, display, distribute, or otherwise share any Content you choose to create, share, or otherwise convey using the Site, as reasonably required by us or any third party.
You understand that quality and consistency of the Site on a Device may vary depending on many factors, such as the geographical area you are in, the quality of your internet connection, the Device itself, battery power, failure of equipment, maintenance, and upgrades.
You understand that Content may be provided by Polleticks, other Users, or any third party. Your use of all Content is subject to the owner’s authorization, restrictions on use, and any terms and conditions. You may only use Content for its intended purpose, and, unless expressly permitted, you understand that you are restricted from any inappropriate use, including, but not limited to: (a) broadcasting Content; (b) reselling Content; (c) using Content for anything other than its intended purpose, or (e) infringing or violating any copyright, trademark, or other law. We reserve the right to terminate or suspend your membership if you breach any restrictions or terms and conditions set by the Content owner.
You agree not to violate the intellectual property rights of Polleticks or any third party, which includes, without limitation, reverse engineering, decompiling, redistributing, reselling, deriving source code, unlocking, modifying, reprogramming, copying, spoofing, monitoring, probing, or scanning a Device, the Site, or any component of a Device or the Site, including software. You acknowledge that a violation of this section may harm Polleticks, and that such damages cannot be fully compensated by monetary damages, and you agree that Polleticks will be entitled to immediate injunctive relief in addition to any other remedies available.
We reserve the right to change the Site from time to time including suspending, terminating, restricting, or setting conditions on the Site, at our sole discretion and without notice to you.
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the software.
7. Responsibility for Minors
All Users of Polleticks must be at least thirteen (13) years old. All Users between the ages of thirteen (13) and eighteen (18) require adult supervision and must be authorized to use the Site by a parent or guardian.
In cases where you have authorized a minor to use Polleticks, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of Polleticks; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas or portions of Polleticks may contain material that is inappropriate for minors.
You acknowledge that Polleticks does not pre-screen Content submitted by members. We are not required to monitor or restrict the accessibility or transmission of Content through the Site. We do not guarantee all Content is accessible by every Device.
When you make a Donation, you are sending money directly to other Users, to support a cause or issue they may be advocating for. This is a transaction directly between a User who is donating and another User, or the advocate of the cause or issue. Polleticks has no involvement or liability for this transaction. All Donations are processed outside of the Site, and we have no responsibility for such transactions.
Users accepting Donations as part of a political cause or campaign or for any other reason, are obligated to follow all laws that apply to your region as far as campaign funding, election fraud, or other similar laws. Polleticks is not responsible for any User making Donations or individuals or entities accepting Donations through the Site.
10. INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the Site and in our communications with you. Occasionally, information on Polleticks may contain typographical errors, inaccuracies, or omissions. Polleticks reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice to you. Further, Polleticks reserves the right in our sole discretion, without notice to you, to:
- update, amend, or introduce policies or guidelines governing the Site;
- update, amend, or introduce features or options on the Site;
- perform software updates on the Site; and
- update, amend, delete, add, or in any way change the Site for a trial period or permanently, as Polleticks, in its sole discretion, determines necessary to improve the Site’s efficiency, protection, success, operation, esthetics, or for any other reason.
11. OUTSIDE SITES
This Website may include links to other third party websites. POLLETICKS CANNOT GUARANTEE THE STANDARDS OF EVERY WEBSITE LINK WE PROVIDE OR BE RESPONSIBLE FOR THE CONTENT OF ANY OTHER SITES. Links to these sites should not be taken as an endorsement of the sites or an association with their owners. Links to such sites are provided solely for reference or convenience purposes and Polleticks makes no warranties or representations as to the reliability and accuracy of the Content contained in any other site. Polleticks encourages you to conduct your own independent review of the linked sites and read their privacy policies and terms and conditions prior to using the sites.
YOU AGREE THAT ALL ACCESS AND USE OF SUCH OTHER SITES AND THE CONTENT THEREOF IS AT YOUR OWN RISK. POLLETICKS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE OTHER SITES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.
All Content included on the Site is the property of Polleticks or its Content suppliers and is protected by Canadian and international copyright laws. The compilation of all Content on this Site is the exclusive property of Polleticks and is protected by Canadian and International copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific written permission of Polleticks.
13. COPYRIGHT AGENT
Polleticks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Polleticks and provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please send your copyright information to: email@example.com
All Marks, whether or not registered and whether or not appearing in large print or with the trademark symbol, are owned by and proprietary to Polleticks or its subsidiaries, affiliates, or other designees, or other third party owners who have granted Polleticks the right and license to use its Marks (“Third Party Marks”).
You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Sites address or Marks in page text, as key words, meta tags, or any other “hidden text.” The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of Polleticks or its subsidiaries, affiliates, or other designees and may not be used in connection with any other product or service in any manner, including (but not limited to) in a manner that is likely to cause confusion in the marketplace or in any manner that disparages or discredits Polleticks or its affiliated companies. Further, please be advised that Polleticks actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
POLLETICKSTM is a trademark of Polleticks Inc.
You release Polleticks, its affiliates, subsidiaries, their respective officers, directors, employees, and agents from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes related to Content or services provided on the Site or any related sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POLLETICKS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING POLLETICKS, WILL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ACCESS TO, USE OF, OR AN INABILITY TO USE THE SITE; AND
16. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER USER OR OTHER PERSON FOR DAMAGES RESULTING FROM ANY INTERRUPTION IN THE SITE, WHETHER OR NOT THE INTERRUPTION IS CAUSED BY MISTAKES, OMISSIONS, DELAYS, ERRORS OR DEFECTS, FAILURE OF EQUIPMENT, ACTS OF GOD, WAR, RIOTS, STRIKE, LOCKOUTS, BOYCOTTS, ACTS OF GOVERNMENT AUTHORITIES, CAUSES ORIGINATING IN THE FACILITIES OR OPERATIONS OF POLLETICKS OR ANY PART OF THE INTERNET OR FROM ANY OTHER CAUSE OF ANY NATURE OR KIND WHATSOEVER AND WHETHER SIMILAR TO THE SPECIFIED CAUSES HEREIN STATED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT AVAILABLE BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL POLLETICKS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE, EVEN IF POLLETICKS OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, MANUFACTURERS, OR ANY OTHER THIRD PARTY WHICH WE MAY BE REQUIRED TO INDEMNIFY FOR SUCH CLAIM. WE ARE NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM A THIRD PARTY.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE, ACCESS, TRANSMISSION, DOWNLOAD, OR TRANSFER OF ANY CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE CONTENT. WE WILL NOT BE HELD LIABLE FOR ANY COSTS, DAMAGES, OR LOSSES FOR YOUR USE, ACCESS, TRANSMISSION, DOWNLOAD OR TRANSFER OF CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. DISCLAIMER OF WARRANTIES
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT POLLETICKS WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL WORK UNINTERRUPTED OR BE ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY OF THE SERVICES AND CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
- EACH OF POLLETICKS, ITS AGENTS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE AFFILIATES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE;
- POLLETICKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT POLLETICKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION; and
- POLLETICKS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN THIS SITE (INCLUDING, BUT NOT LIMITED TO POLLS OR INITIATIVES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. DISPUTES AND JURISDICTION
This agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any principles of conflicts of law. To the extent you have in any manner violated or threatened to violate Polleticks' intellectual property rights, Polleticks may seek injunctive or other appropriate relief in any provincial or federal court in the Province of British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts through your use of Polleticks.
24. USE OUTSIDE OF BRITISH COLUMBIA
Polleticks makes no representation that materials on the Site are appropriate or available for use outside British Columbia. Those who choose to access this Site from outside British Columbia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You will not use Polleticks if you are prohibited from receiving products, services, or software originating from Canada.
PO Box 74510
Vancouver, BC V6K 2G0
Last updated: 2018 / 07 / 18